Anish Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16767 of 2019 Arising Out of PS. Case No.-441 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Anish Alam, Son of Sheikh Mehadi Hasan Resident of Village- Kariya (Kachari Tola) P.S.- Turkaulia, District - East 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.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 414 of the IPC and Sections 11(1)(a)(d)(k) of the Prevention of Cruelty to Animals Act.

The prosecution case, as per the written report of Chandra Kishore Tiwari, A.S.I. of Police of Majhauliya Police Station, dated 04.10.2018, submitted to the Station House Officer, Majhauliya Police Station, is to the effect that on the same day, while the informant was on patrolling duty, he received an

Patna High Court CR. MISC. No.16767 of 2019(2) dt.26-03-2019 2/3 information that some animal smugglers are transporting animals, whereupon a pickup van, loaded with animals, was intercepted and on demand, the transporter did not produce the document with regard to transportation of the animals. It is submitted by learned counsel for the petitioner that the petitioner is the owner of the vehicle in question and the said vehicle is the a commercial vehicle. It is the driver who was transporting the animals. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that from the vehicle of the petitioner, animals were transported.

Considering the petitioner being owner of a commercial vehicle in question and he was not found present in alleged the vehicle at the time of seizure, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, West Champaran at Bettiah in

Patna High Court CR. MISC. No.16767 of 2019(2) dt.26-03-2019 3/3 connection with Majhauliya P.S. Case No. 441 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T