Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20760 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

AFTAB ALAM, aged about 30 years, (M) S/O Late Farukh Ansari Resident of Village - Raghunathganj, P.S.- Nabinagar, District - Aurangabad, Bihar. 2.

Noshad Ansari @ Naushad Ansari, aged about 33 years, (M) S/O Kutubuddin Ansari Resident of Village - Raghunathganj, P.S.- Nabinagar, District - Aurangabad, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

Petitioners, who are in custody, seek bail registered for the offences punishable under Sections 429, 295(A) and 34 of the Indian Penal Code and under Section 38 (iii) of the Prevention of Cruelty to Animal Act, 1960.

Informant who is a Choukidar has stated in his fardbeyan that on 06.01.2019 in the mid night he received a confidential information that in the house of Jalil Ansari dead cattle has been kept and allegation is that petitioner and eight FIR named accused were slaughtering the dead cattle in pieces and he informed the police and when police arrived the persons assembled there started fleeing, however, two were apprehended

Patna High Court CR. MISC. No.20760 of 2019(2) dt.04-04-2019 2/3 by the police who confessed their guilt and other managed to escape.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. No offence as alleged is made out against them. Petitioners have got no criminal antecedent and are in custody since 07.01.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Nabinagar P.S. Case No. 06 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their

Patna High Court CR. MISC. No.20760 of 2019(2) dt.04-04-2019 3/3 bail bond shall be cancelled by the court below.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) manoj/- U T