Md. Imtiyaz @ Md. Iftekhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5470 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- KURLIKOT District- Kishanganj ====================================================== Md. Imtiyaz @ Md. Iftekhar Alam Son of Md. Faruque, Resident of Village Kurlikot P.S. Kurlikot District Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Kurlikot P.S. Case No.60 of 2019 registered for offence punishable under sections 147, 149, 341, 323, 324, 353, 337, 338, 414, 428, 429 of the Indian Penal Code, section 4 (b) Bihar Prevention and Improvement of Animals Act, 1955, Section 11 (1) (a) (d) (e) (f) of the Prevention of Cruelty of Animals Act.

As per allegation, the informant who is the police official, has received information that the accused persons are smuggling the cattle from Nepal and they are intending to smuggling it in a different country. The police party had gone there and found that large number of cattle have been tied with

Patna High Court CR. MISC. No.5470 of 2020(2) dt.03-03-2020 2/3 the pillar. The police party has tried to catch the persons involved in the said offence, whereafter, the accused persons starting pelting stones upon the police party. Two persons have been arrested. Some of the accused persons succeeded to free cattles as well as the accused persons from the custody of the police party.

The learned counsel for the petitioner submits that the petitioner has no criminal history and his name has been mentioned in the present case by the police on account of local politics and three persons namely, Md. Gulam @ Md. Gulam Rasool, Mr. Sarfaraj @ Shamshad Alam and Md. Safique have already been granted bail by different coordinate Benches of this Court in Cr. Misc. Nos.87291 and 87147 of 2019 and Cr. Misc. No.677 of 2020 respectively.

In such view of the matter, the prayer for bail of the petitioner is also allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Kurlikot P.S. Case No.60 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also

Patna High Court CR. MISC. No.5470 of 2020(2) dt.03-03-2020 3/3 subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. The petitioner will attend/report to the concerned police station for six months in 1st week of every month. In failure, the bail granted to the petitioner will be treated to have been cancelled. (Shivaji Pandey, J) Mahesh/- U T