Muzaffar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19400 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- OBRA District- Aurangabad ====================================================== 1.

Muzaffar Ali, Son of Asagar Ali, Resident of Village - Pipal Sana, P.S.- Bhojpur, District- Ara, Bihar 2.

Nawashe Ali, Son of Liyakat Ali, Resident of Village - Lonpar Takka, P.S.- Manjaula, District - Muradabad, U.P.

3.

Bhura Son of Dula Resident of Village - Siraskheda, P.S.- Munda Pandey, District- Moradabad, U.P.

4.

Guddu Son of Arif Ali Resident of Village - Siraskheda, P.S.- Munda Pandey, District- Moradabad, U.P.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Alka Verma For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 30.01.2019 in a case registered for the offences punishable under Section 414 of the Indian Penal Code, Sections 20 and 11 of the Prevention of Cruelty to Animal Act, 1960 and Section 4 and 4(B) (2) of Bihar Preservation and Improvement of Animal Act, 1955.

The prosecution case as per the self statement of Sanjay Kumar S.I.-cum-SHO, Obra Police Station, recorded on 30.01.2019 is to the effect that the informant received a secret

Patna High Court CR. MISC. No.19400 of 2019(2) dt.01-04-2019 2/3 information that the cattles are being transported in a container. Whereupon, the said container was intercepted and all the petitioners were found sitting in the container. Thereafter, search of the container was made and 43 buffaloes were found with their legs tied. Hence, it was suspected that the said cattle's were being transported for the purpose of slaughtering. It is submitted by learned counsel for the petitioners that the petitioner no. 1 is the driver of the alleged container, petitioner no.2 is the cleaner of the container, petitioner no.3 is the purchaser of the said animals and petitioner no.4 was accompanying the petitioner no.3. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the animals were being transported without any valid documents.

Considering the suspicious nature of accusation, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Daudnagar, Aurangabad in connection with

Patna High Court CR. MISC. No.19400 of 2019(2) dt.01-04-2019 3/3 Obra Gr. No.78 of 2019 arising out of Obra P.S. Case No.23 of 2019.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T