Gauri Ganesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17929 of 2025 Arising Out of PS. Case No.-491 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== Gauri Ganesh S/O Bhikhu R/O Village- Daulatpur, P.S- Tarauli, Distt.- Azamgarh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamli Kumari, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 317(2) of BNS and Section 11, 11(1)(a), 11(1)(b), 11(1)(c), 11(1)(d) of Animal Cruelty Act, 1960.

3. As per allegation, in the F.I.R. while the informant, being a police official, was checking vehicle, in the meantime, a pick-up bearing Reg. No. UP-45AT-8249 was intercepted and during its search two cattle were recovered. Driver of the vehicle was apprehended on spot. Petitioner is

Patna High Court CR. MISC. No.17929 of 2025(2) dt.18-04-2025 2/3 registered owner of the said vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. He has been dragged in this case merely because he is the registered owner of the vehicle in question. He has no knowledge about loading of the cattle on his vehicle. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the receipt of order and in the event of his arrest or surrender in connection with Mairwa P.S. Case no. 491 of 2024, they will be enlarged on bail on

Patna High Court CR. MISC. No.17929 of 2025(2) dt.18-04-2025 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Civil Court, Siwan, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Sushma/- U T