Md. Samim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16148 of 2023 Arising Out of PS. Case No.-692 Year-2022 Thana- GARKHA District- Saran ====================================================== Md. Samim Son of Abdul Hafiz, R/o Village- Morwa, Gopal Tola, P.S.- Musri Gharari, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Adv.

:

Mrs. Priyanka Kumari, Adv.

:

Ms. Kumari Rupa, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Garkha P.S. Case No. 692 of 2022 dated 04.11.2022, lodged under Sections 413, 414, 429, 34 of the Indian Penal Code read with Section 11(i) of the Prevention of Cruelty to Animal Act, 1960 and Section 4 of the Bihar Preservation and Improvement of Animal Act, 1955.

As per prosecution case, the allegation is there in the F.I.R. that the petitioner was caught by the villagers in a truck which was full of flesh of animals due to which the offence has

Patna High Court CR. MISC. No.16148 of 2023(2) dt.10-05-2023 2/3 been lodged against him under Sections 413, 414, 429, 34 of the Indian Penal Code read with Section 11(i) of the Prevention of Cruelty to Animal Act, 1960 and Section 4 of the Bihar Preservation and Improvement of Animal Act, 1955. Learned counsel for the petitioner submits that all the sections in which case has been filed are bailable in nature. He further submits that petitioner is in custody since 05.11.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail and submits that it is true that sections under which case has been lodged are bailable in nature but under Section 429 of I.P.C. the punishment has been provided for five years. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Saran at Chapra in connection with Garkha P.S. Case No. 692 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other condition that the petitioner shall not involve in such criminal activity in future and if he is found involved in such type of activities the bail bond granted to the petitioner shall be

Patna High Court CR. MISC. No.16148 of 2023(2) dt.10-05-2023 3/3 cancelled.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T