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Patna High CourtCR. MISC./20961/2023allowed

Ahmad Raja v. The State Of Bihar

2023-06-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20961 of 2023 Arising Out of PS. Case No.-66 Year-2020 Thana- BHIMPUR District- Supaul ====================================================== Ahmad Raja Son Of Md. Yunus Miyan @ Yunus Miyan Resident Of Village - Pandey Parasa Bhagawat, Parsa Kala, P.S. - Phulwariya, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 413, 414/34 of the Indian Penal Code and Section 11(D)(E) of the Prevention of Cruelty to Animals Act, 1960.

As per the prosecution case, on secret information, a truck was seized loaded with stolen animals, when the police party demanded paper and license of the truck, nothing was produced by the accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no

Patna High Court CR. MISC. No.20961 of 2023(2) dt.27-06-2023 2/2 specific overt act against the petitioner. He submits that the petitioner is not named in the FIR, during the course of investigation the name of the petitioner came in light as the owner of the seized container. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Bhimpur P.S. Case No. 66 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T