Shamsher Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63516 of 2018 Arising Out of PS. Case No.-334 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Shamsher Gaddi, Son of Jaffar Husain @ Md. Jaffar Gaddi, resident of Village- Alamganj, Gaddi Tola, Sasaram, P.S. Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kudra P.S. Case No. 334 of 2018 dated 05.08.2018 instituted for the offence under Section 414 of the Indian Penal Code and Section 11(a) (d)(e)(f)(k) of Prevention of Cruelty of Animal Act. A vehicle with seven live and one dead cow was intercepted by the police. Hence the FIR.

The petitioner is the registered owner of the vehicle viz. a pick up van. He was not present at the spot.

Learned counsel appearing for the petitioner has submitted that the vehicle was taken on hire by one Irfan for carrying milch cattle from Kudra to Sasaram

Patna High Court Cr.Misc. No.63516 of 2018(2) dt.12-12-2018 2/2 and for which fare also was fixed. There is no allegation of the animals having been stolen or being transported for the purposes of killing them.

The petitioner has clean antecedents.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Kaimur at Bhabua in connection with Kudra P.S. Case No. 334 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T