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Patna High CourtCR. MISC./13075/2019allowed

Basir Alam v. The State Of Bihar

2019-03-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13075 of 2019 Arising Out of PS. Case No.-384 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== Basir Alam, Son of Ajij Miyan, Resident of Village - Ahawar Shekh Alamganj, Bazar, P.S.- Majhaulia, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Majhaulia P.S. Case No. 384 of 2017 dated 13.10.2017 instituted for the offences under Sections 414 and 34 of the Indian Penal Code and under Sections 11(i), 11(A), 11(D) and 11(K) of the Prevention of Cruelty to Animals Act, 1960.

A vehicle carrying animals was intercepted and some persons were arrested. The aforesaid arrested persons have named the petitioner as the owner of the cattle which were being transported to Nepal. Learned counsel for the petitioner has submitted that but for the statement of the arrested accused person, there is no material to connect the

Patna High Court CR. MISC. No.13075 of 2019(2) dt.06-03-2019 2/2 petitioner with the aforesaid offence. The petitioner completely denies the ownership of the cattle or the vehicle. The petitioner has no idea about the identity of the arrested accused persons as well.

Considering the aforesaid facts and taking into account the clean antecedents of the petitioner and the nature of accusation against him, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 384 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T