Jainuddin Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18175 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== JAINUDDIN KHAN Son of Late Rahman Khan, Resident of VillagePujahan Patijirwa, Shekh Toli, P.S- Pujahan, Shri Nagar, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Srinagar Pujahan P.S. Case No. 03 of 2019 for the offences punishable under Sections 413, 414/34 of the Indian Penal Code and Sections 3 and 4 of Bihar Preservation and Improvement of Animal Act, 1955.

The allegation is regarding the police having raided the house of the co-accused person, namely, Salamgir Khan and a head and two legs of a slaughtered black calf of buffalo were found as well as one more person was apprehended from the spot, who is the petitioner of the present case. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.18175 of 2019(2) dt.02-04-2019 2/2 petitioner has been falsely implicated in the present case. It is further submitted that as far as the provisions of Section 4 of Bihar Preservation and Improvement of Animal Act, 1955 is concerned, the same is bailable and as far as section 413 and 414/34 of the I.P.C. is concerned, the same is triable by Magistrate, hence, the petitioner should be granted benefit of doubt. It is stated that the petitioner is having a clean antecedent and is languishing in custody since 19.1.2019. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M.- Ist Class, Bettiah, West Champaran in connection with Srinagar Pujahan P.S. Case No. 03 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T