Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23231 of 2021 Arising Out of PS. Case No.-273 Year-2018 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1.

Kundan Kumar Son of Dhanik Lal Sah Resident of Mohalla- Teliyari Bhawanipur, P.S.- Bhawanipur, Districct- Purnea. 2.

Shiv Charan Sah Son of Sukhdev Resident of Mohalla Sahu Tola Bhawanipur, Naugachhiya, P.S.- Naugachhiya, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-01-2022 Learned counsel for the petitioners are directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State through video conferencing. The petitioners apprehend their arrest in connection with Katihar Muffasil P.S. Case No. 273 of 2018, registered for the offences punishable under Sections 414, 34 of the Indian Penal Code.

As per allegation, a truck was intercepted. It was found that animals were loaded on that truck beyond its capacity and it was over burdened. The legs and mouths of the cattle loaded on the truck were tied. It has also been mentioned in the

Patna High Court CR. MISC. No.23231 of 2021(2) dt.27-01-2022 2/2 F.I.R. that there was no certificate of eligible animal doctor. Learned counsel for the petitioners has submitted that they are not named in the F.I.R. and only the apprehended truck drivers disclosed the names of the petitioners. He has also submitted that the animals on the truck were not belonging to the petitioners.

Considering the above-mentioned facts and circumstances, let the petitioners above named be released on bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Katihar/concern court in connection with Katihar Muffasil P.S. Case No. 273 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) mdrashid/- U T