Parwej Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23596 of 2024 Arising Out of PS. Case No.-500 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Parwej Khan Son Of Serajul Khan Resident Of Village- Murali Parsauni, PsBelthar, Distt- West Champaran, At Present Sant Ghat, Ward No. 15, Bettiah, Ps- Kalibagh, Op Bettiah, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyam Sundar Kumar, Advocate For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Chanpatiya (Kumarbagh) P.S. Case No. 500 of 2023, registered on 14.08.2023 for the offences under Sections 414/34 of the Indian Penal Code and Sections 11(1)(D)(K) of Prevention of Cruelty to Animals Act.

3. As per prosecution case, co-accused Hiraman Yadav was apprehended when police intercepted a vehicle on receipt of secret information about smuggling of cattle. Coaccused Hiraman Yadav named the petitioner and other coaccused persons for also being involved in the smuggling of the

Patna High Court CR. MISC. No.23596 of 2024(2) dt.01-05-2024 2/2 cattle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a businessman having licence for selling buffalo. The petitioner purchased the seized animals bonafide and the papers in this regard have been produced before the police. But due to non-fulfillment of their illegal demand, the present case has been lodged. Learned counsel further submits that the petitioner is a shopkeeper and was not present at the spot. The petitioner is having criminal antecedent of four cases.

5. Learned APP vehemently opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner is a habitual offender and he is accused in four cases of similar nature of dealing with stolen articles and smuggling of cattle.

6. Having regard to the nature of allegation and the criminal antecedent of the petitioner, I do not think it is a fit case for grant of anticipatory bail and hence, the prayer for anticipatory bail of the petitioner is rejected. (Arun Kumar Jha, J) DKS/- U T