Grant of bail where no conscious possession is established and no criminal antecedents exist.

The applicant, Lakhan Lal Patel, was arrested on January 24, 2026, in connection with Crime No. 4673/13 registered at Police Station – Forest Area Raigarh

Following an informant’s tip regarding illegal possession of bear parts, a search warrant was executed at the applicant’s residence, where bear parts were seized

The applicant claimed that co-accused Pankaj Sahu had placed the parts there; Sahu later admitted he hid the bag containing the carcass parts in a bamboo structure at the applicant’s house without the applicant's explicit involvement in the hunt

The prosecution alleged the animal was hunted using a wire snare by other individuals who then processed the remains

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, after the charge-sheet was filed

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the lack of criminal antecedents and the circumstances of the alleged possession

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail

The substantive charges were brought under Sections 9, 39, 50, and 51 of the Wild Life (Protection) Act, 1972, concerning the hunting and illegal possession of scheduled wildlife

The court also referenced procedural compliance under Sections 84 (proclamation for person absconding), 209 (punishment for non-appearance), 269 (punishment for non-attendance), and 351 (recording of statement of accused) of the Bharatiya Nagarya Sanhita (BNS) and BNSS as conditions for the continued liberty of the bail

The Court evaluated the gravity of the allegations against the specific role of the applicant. It noted the defense's contention that the applicant lacked "conscious possession," as the co-accused Pankaj Sahu admitted to concealing the bear parts in a laundry structure at the applicant’s house under the pretext of collecting them later

The Court observed that the investigation was substantially complete, as the charge-sheet had already been filed

The Court highlighted that the applicant had no prior criminal record and had been in custody since January 24, 2026. Given that the trial was likely to be protracted, the Court reasoned that continued detention was unnecessary

The Court allowed the bail application and ordered the release of Lakhan Lal Patel upon furnishing a personal bond with two sureties, contingent upon several conditions: the applicant must not seek unnecessary adjournments, must appear at all trial stages, and must comply with BNS/BNSS provisions regarding presence in court