Mukesh Singh @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10695 of 2020 Arising Out of PS. Case No.-358 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== MUKESH SINGH @ MUKESH KUMAR Son of Jagdish Singh Resident of Village - Lingri (Nigri), Tola Khaira, P.S.- Dobhi, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhanshu Shekhar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Sherghati (Dobhi) Police Station Case No. 358 of 2019, disclosing offences under Sections 414/34 of the Indian Penal Code and Section 11 (D) of the Animal Cruelty Act. The allegation against the petitioner, as per the First Information Report lodged on the basis of the written report of one Anjali Verma, who claims to be the member of Dhyan Foundation, is that on 02.08.2019, while she was going to Dobhi from Gaya, she saw that beside Gautam Line Hotel, a truck was parked, from which some cows and calves were being unloaded. It has further been alleged that the informant informed the

Patna High Court CR. MISC. No.10695 of 2020(4) dt.01-07-2020 2/3 Dobhi Police and on seeing the police party, two persons succeeded in fleeing away and one person, Suman Pal, was apprehended, who disclosed that he had purchased the animals from Chapra Animal Fair and the same were being transported to Kolkata for selling them on high prices.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the basis of the fact that the animals were being unloaded upon the land of the petitioner, which is situated beside Gautam Line Hotel. He further submits that the petitioner is a Government Teacher and is posted in Basic School, Shivratipur, and the land, on which co-accused was unloading the animals beside the Gautam Line Hotel, is situated at National Highway No. 83 and that the same is an open space without any boundary wall, which is accessible to all and sundry. He further submits that from perusal of the First Information Report, it is evident that co-accused Suman Pal was transporting the animals to Kolkata after purchasing it from Chapra.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is a Government Teacher and the place where the animals were being unloaded was an open space and is

Patna High Court CR. MISC. No.10695 of 2020(4) dt.01-07-2020 3/3 accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, 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 learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Sherghhati (Dobhi) Police Station Case No. 358 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √