IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13080 of 2009 SHEKH NEK MOHAMMAD Versus STATE OF BIHAR ----------- 2. 16.6.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 429/34 of the Indian Penal Code, 27 of the Arms Act and 51 of the Wild Life Animal (Protection) Act 1972. Learned counsel for the petitioner submits that the allegation is that another co-accused person fired at Nil-Gai whereafter the petitioner also fired at Nil-Gai. Learned counsel for the petitioner further states that entire allegation is absolutely false and frivolous and the petitioner has been falsely implicated, although he is an old person. Learned counsel for the petitioner also avers that Forest Department has also instituted another case with respect to the aforesaid incident which is pending whereafter the informant of the instant case has filed this case merely due to enmity, although, according to Section 55 of Wild Life Animal (Protection) Act, 1972 no court can take cognizance of any offence under the said Act except on the official complaint filed by the forest authority. Learned counsel for the petitioner further avers that the informant has compromised the matter with the petitioner and the petitioner has no criminal antecedent. Considering the facts and circumstances of this case - 2 - as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely Shekh Nek Mohammad shall be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari in connection with Kesariya P. S. Case No. 120 of 2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Kanchan (S. N. Hussain, J.)