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Patna High CourtCR. MISC./8046/2019dismissed

Nazir Khan v. The State Of Bihar

2019-02-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8046 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== NAZIR KHAN Son of Mosraf Khan Resident of Village- Ahwar Sheikh PathanTola, P.S.- Majhaulia, Dist. West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 413 and 414 IPC and Section 11(i)(a)(d)(k) of the Prevention of Cruelty to Animals Act registered in connection with Majhaulia P.S. Case No. 392 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the cattle in question are not stolen property rather they had been purchased by co-accused Parwez Khan (Annexure-2) The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of offence alleged as well as the nature of unsigned receipts showing the aforesaid purchase, this Court is not

Patna High Court Cr.Misc. No.8046 of 2019(2) dt.13-02-2019 2/2 inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law on the same day, without being prejudiced by any observation in the present order.

(Vikash Jain, J) Chandran/- U T