Altaf Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14505 of 2021 Arising Out of PS. Case No.-294 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== Altaf Khan, aged about 30 years, male, Son of Lukman Khan, Resident of Mohalla - Dalalan, Near Badi Maszid Aheripur, Police Station - Aheripur, District- Etawah (Uttar Pradesh).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-02-2022 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Bikramganj P.S. Case No. 294 of 2020, dated 09.07.2020, instituted for the offences under Sections 429, 153A, 295A and 34 of the Indian Penal Code, Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Sections 345 read with Section 429 of the Bihar Municipality Act.

Patna High Court CR. MISC. No.14505 of 2021(2) dt.25-02-2022 2/3 The petitioner is said to be the owner of a vehicle on which cow's meat was being transported. The accusation in the F.I.R. is that the accused persons are running a slaughter-house without proper permission and are unauthorizedly dealing in cow's meat.

It has been submitted on behalf of the petitioner that he had lent his vehicle on hire and had no idea that any cruelty shall be committed to the animals or that any unauthorized material will be transported in that vehicle. The petitioner has not even been made named in the F.I.R. It has further been submitted that except for the petitioner being the owner of the vehicle in question, there is no other accusation against him nor has anything been collected against him during the course of investigation. On the aforesaid grounds, it has been argued that none of the offences levelled against the petitioner in the F.I.R. can at all be said to have been made out as against the petitioners.

Regard being had to the facts afore-stated and taking into account the clean antecedent of the petitioner,

Patna High Court CR. MISC. No.14505 of 2021(2) dt.25-02-2022 3/3 he, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 294 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T