Ikbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21831 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- CHENARI District- Rohtas ====================================================== IKBAL SON OF LALMIYAN R/O VILLAGE- NAYA GANJ KARARI, P.S.- KARARI, DISTRICT- KAUSHAMBI (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 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 414 and 278 of the Indian Penal Code read with Sections 11(1) (a)(d)(e) (h) of the Prevention of Cruelty to Animal Act, 1960. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on information he reached the place of occurrence and apprehended a truck in which 11 oxen and two cows were found.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the vehicle broke down and as such the petitioner had gone looking for a mechanic when the police

Patna High Court CR. MISC. No.21831 of 2022(2) dt.03-11-2022 2/2 arrived and apprehended the vehicle, it is next submitted that petitioner being driver was implicated when from perusal of Annexure - 2 to the anticipatory bail application it would manifest that the petitioner was carrying a valid receipt with respect to the animals found in the vehicle as such it could not have been alleged that the animals were being carried in the vehicle in an illegal or cruel manner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) 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 Chenari P.S. Case No. 268 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T