Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12246 of 2022 Arising Out of PS. Case No.-551 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Pappu Kumar S/O Mohan Prasad Resident Of Mohalla- Ilamram Chowk, Ganj No. 2, Ward No. 17, P.S.- Bettiah Town, District- West Champaran. 2.

Sheikh Shanu @ Sanu S/O Sher Ali Resident Of Village- Sant Ghat, P.S.- Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertake to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 279, 304A, 413, 414, 429 and 34 of the Indian Penal Code and under Section 11(1)(a)(d)(k) of the Cruelty to Animal Act. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.12246 of 2022(4) dt.18-10-2022 2/2 case. He submits that petitioner no.1 is owner and petitioner no.2 is the driver of the said vehicle. He submits that the present case does not relate to smuggling of illegal cattle and the cattle are not stolen property. He submits that in the case diary it is also mentioned that no any material evidence against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no any material against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Majhaulia P.S. Case No. 551 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.