Meraj And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15640 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -SUGAULI District- EAST CHAMPARAN(MOTIHARI) ======================================================
1. Meraj, Son of Anwar Mian, resident of Village Mehsi Chaklalu P.S - Mehsi, District-East Champaran.
2. Tabrej Alam, Son of Badruddin, resident of Village Bhelwa P.S - Madhuban District East Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Anuj Kumar, Advocate. For the Opposite Party : Mr. Manoj Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 The petitioners are languishing in custody since 22.02.2015 in connection with Sugauli P.S. Case No. 59 of 2015 for the offences instituted under Sections 295(A), 428, 429, 414 of the I.P.C. and Section 11(E) of the Prevention of Cruelty to Animals Act, 1960.
Heard learned counsel for the petitioners and learned counsel for the State.
The prosecution story, in brief, is that upon information received by the informant about a pick-up Van at Chapwa Chowk loaded with beef, he reached there for taking necessary actions. The informant came across the Pick-up Van bearing No. BR 05GA-0904 alongwith its driver and one other person and
Patna High Court Cr.Misc. No.15640 of 2015 (2) dt.09-06-2015 2 / 3 immediately took the Van and both persons into custody. After following the legal formalities in presence of the Magistrate, both persons were enquired and driver of the Van disclosed his name as Tabrej Alam petitioner no. 2 and another person disclosed his name as Meraj petitioner no. 1. They also disclosed that the meat loaded on the Van is of an ox and they were going to deliver the same to one Alamgir Mian at Muzaffarpur. They further stated that Karan Kumar is the owner of the said Van and that the Van was often used to carry beef and the said meat was not cut in licensed butcher-house. Accordingly, seizure list was prepared in presence of two independent witnesses. The driver of the vehicle did not produce the document in respect of vehicle.
The informant suspected that illegally beef is being carrying by stolen vehicle. It has been submitted on behalf of the petitioners that the petitioner no. 1 is the Khalasi of Pick-up van and petitioner no. 2 is the driver of Pick-up van on which beef of ox was being carried. Further it has been submitted that there is no such report that the alleged beef was of Ox. It has further been submitted that petitioner no. 1 has no criminal antecedent and so far as petitioner no. 2 is concerned, he is involved in one other case in which he is on bail. It is further submitted that the petitioners are in jail since 22.02.2015.
Patna High Court Cr.Misc. No.15640 of 2015 (2) dt.09-06-2015 3 / 3 On behalf of the State, it has been submitted that there is direct allegation against the petitioners in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari, in connection with Sugauli P.S. Case No. 59 of 2015.
U.K./- (Sudhir Singh, J) U T