Patna High CourtCR. MISC./19191/2023bail granted

Parvej Alam v. The State Of Bihar

2023-05-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19191 of 2023 Arising Out of PS. Case No.-406 Year-2021 Thana- BARUN District- Aurangabad ====================================================== PARVEJ ALAM Son of Rishakul Hasan @ Risabul Hasan R/O village - Narkheda Virpur, P.S.- Munda Pandey, District - Muradabad (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Barun P.S. Case no.406 of 2021 (G.R. no.2314 of 2021) registered under sections 409, 419 and 420 of the Indian Penal Code, section 4, 4(A) and 4(B) of the Bihar Preservation and Improvement of Animal Act, 1955 and section 11(1)(a) of the Prevention of Cruelty to Animals Act.

3. As per the prosecution case, 30-35 cows etc. were recovered from the truck in question of which the petitioner is the owner of the vehicle.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on account of his being the owner of the vehicle. He was not

Patna High Court CR. MISC. No.19191 of 2023(2) dt.16-05-2023 2/2 arrested at the spot. The allegations in the F.I.R. are false and concocted. He is in custody since 21.2.2023 and has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the petitioner being in custody since 21.2.2023 and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Barun P.S. Case no.406 of 2021 (G.R. no.2314 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad.

(Partha Sarthy, J) Saurabh/- U T