Kamil @ Mohammad Kamil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15798 of 2019 Arising Out of PS. Case No.-578 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== KAMIL @ MOHAMMAD KAMIL Son of Late Sagar Ali Resident of Village - Virampur, P.S.- Senhauli Mil, District- Hapur (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.12.2018 in a case registered for the offence punishable under Sections 429, 153A, 295A, 120B/34 of the Indian Penal Code, Section 11 of he Prevention of Cruelty to Animals Act, 1960, Sections 345, 429 of the Bihar Municipal Act, 2007 and Section 79 of the Bihar Police Act.

The prosecution case is that the informant being the Executive Officer of Municipality, Bikramganj received information that a truck loaded with beef has been intercepted and two persons were apprehended from the intercepted truck being, the driver and the cleaner of the truck in question, who disclosed their names as co-accused Raja Hussain and Kamil,

Patna High Court CR. MISC. No.15798 of 2019(2) dt.14-03-2019 2/2 the petitioner. The apprehended accused persons further disclosed that they use to transport beef on the direction of the owner of the truck.

It is submitted by learned counsel for the petitioner that the petitioner being, the driver of the alleged truck, was not aware about the beef being loaded over the truck in question. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the petitioner was driving the truck from which the recovery of beef was made.

Considering the period under custody coupled with 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 bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 578 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U