Patna High CourtCR. MISC./3442/2022bail rejected

Md. Yahiya Khan @ Ahiya Khan @ Yahiya Khan v. The State Of Bihar

2022-07-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3442 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== MD. YAHIYA KHAN @ AHIYA KHAN @ YAHIYA KHAN Son of Kemudin Khan Resident of Village- Sabaithwa, Maswa, P.S.- Kangli, DistrictWest Champaran. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offences punishable under Section 414 of the Indian Penal Code and under section 11(1)(a)(c)(d)(e)(f)(k) of the Prevention of Cruelty to Animals Act.

In course of vehicle checking, some male buffalo and calf were recovered from a vehicle and one Sheikh Munna was arrested on the spot who disclosed that the cattle belonged to the petitioner and the same was being taken to the slaughter house in Nepal.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as the petitioner has land dispute with said co-accused. No

Patna High Court CR. MISC. No.3442 of 2022(2) dt.26-07-2022 2/2 incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery.

Learned counsel for the State opposes the prayer for bail submitting that the petitioner has got criminal antecedent of similar nature as per order of the Court below dated 24.7.2021. Considering the criminal antecedent of the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) shashi/- U T