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2026 DAILYLAW 25442 (PAT)

Sudhakar Kumar v. The State of Bihar

CR. MISC./23090/2026 · 2026-07-14

Praveen Kumar

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23090 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- FOREST (GOVERNMENT OFFICIAL) District- Madhubani ====================================================== Sudhakar Kumar Son of Late Dinesh Prasad Singh Resident of Village- Muja Malikana, P.S.- Jaitpur, District- Muzaffarpur ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 4 14-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The Petitioner is apprehending his arrest in connection with G.O. Case No. 02 of 2026 registered for the offences punishable under Sections 2, 9, 39, 44, 49(B), 50 and 51 of the Wild Life Protection Act, 1972. 3. As per the prosecution case, on 16.01.2026 the Forest Division Officer received an information that from Palamu Tiger Reserve few people were planning to buy and sell the skin of banned Chital (Axis) and Leopard (Panthera pardus) near Jharjharpur Railway Station. For the verification of the said information, a team was formed by the Forest Division Officer, thereafter, they reached the said place by impersonating Patna High Court CR. MISC. No.23090 of 2026(4) dt.14-07-2026 2/3 themselves as customer. It is alleged that the skins of Chital (Axis) and Leopard (Panthera pardus) were recovered and seized from four persons, who were apprehended and arrested at the spot. 4. Learned counsel for the petitioner has submitted that the petitioner was not present at the spot and has falsely been implicated in this case. It has further been submitted that the name of the petitioner has transpired in the confessional statement of co-accused, Chandan Kumar Singh, made before the police while in police custody, which has got no evidentiary value in the eye of law. It has further been submitted that except the confessional, there is nothing on record which shows the complicity of the petitioner in the said occurrence. Lastly, it has been submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail petition. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6. Heard the parties and perused the record. 7. Considering the aforesaid facts and circumstances of the case as well as the nature of material against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be Patna High Court CR. MISC. No.23090 of 2026(4) dt.14-07-2026 3/3 enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Madhubani in connection with G.O. Case No. 02 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) 8. This application stands allowed. Jyoti/- (Praveen Kumar, J) U T