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2025 DAILYLAW 26468 (JHR)

SURESH BESRA v. THE STATE OF JHARKHAND

A.B.A./7914/2024 · 2025-01-02

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7914 of 2024 ------ 1. Suresh Besra 2. Durga Hansda .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Prashant Kr. Rai, Advocate Mr. Anuj Kr. Trivedi, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P ------ Order No.03 Dated- 02-01-2025 Heard the parties. Apprehending their arrest in connection with Complaint Case No.837 of 2024 instituted under Sections 9/39/44/51 of the Wildlife Protection Act, 1972, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners have killed a deer and were selling its flesh. It is submitted that the allegation against the petitioners is false. It is next submitted that the house from which the incriminating articles were recovered, was given on rent by the petitioner No.2 to the co- accused Brahmdev Turi, so, there is no involvement of the petitioners in the alleged occurrence. It is also submitted that the petitioners have no concern with the seized animal’s flesh. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.25,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Giridih in connection with Complaint Case No.837 of 2024 with the condition that they will co-operate with the trial of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/