Abdul Mobin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20919 of 2022 Arising Out of PS. Case No.-499 Year-2021 Thana- DHAKA District- East Champaran ====================================================== 1.

ABDUL MOBIN SON OF MD. MAINUDDIN @ MD. ISRAFIL QUARAISHI R/O VILLAGE- HASANPUR PARSAUNI KISHUN, P.S.- PIPRA, DISTRICT- EAST CHAMPARAN 2.

MD. MUSTAFA SON OF MUSTAQUE AHMAD R/O MOHALLAKHODANAGAR, P.S.- CHHATAUNI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 414 and 33 of the Indian Penal Code read with Section 11(A) of the Animal Cruelty Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that during the course of vehicle checking, a pickup van was apprehended which was found loaded with four oxen and four cows.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.20919 of 2022(2) dt.01-11-2022 2/2 next submitted that petitioner no.1 is driver of the van and petitioner no.2 is owner of the seized van and they have all the relevant papers concerning the van in their name as would be evident from Annexure-2 series, it is also submitted that the cattle were purchased from Maweshi Bazar, Pachapakari from one Asgar Miyan with valid receipt (Annexure-3) but the police in a mechanical manner falsely implicated the petitioners. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhaka P.S. Case No. 499 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T