Shahadat Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.27103 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27103 of 2017 Arising Out of PS.Case No. -539 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Shahadat Ali, son of Bismillah, resident of Village- Madhopur Buzurg, P.S.- Tareya Sujan, District- Kishannagar (U.P.) .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Gopalganj (Nagar) P.S. Case No. 539 of 2016 for the offences registered under Sections 414/34 of the Indian Penal Code and Section 11 (a) (d) (e) and (f) of the Prevention of cattle of Animal Act.

Learned counsel for the petitioner submits that certain cows and calves were seized from a Bolero Pick Up Van, of which the driver and the owner escaped. The petitioner is said to have been named as the person who owned the cow and placed it on the Bolero Pick Up Van. Save and except, such statement, there is no positive evidence to support the

Patna High Court Cr.Misc. No.27103 of 2017 (2) dt.07-07-2017 prosecution case. It is further submitted that the petitioner has nothing to do with the trade of cattle and therefore, the allegation is wholly mischievous and far fetched. Considering the vague nature of allegation and the fact that the petitioner has got no criminal antecedents, let the petitioner, above named, 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Gopalganj (Nagar) P.S. Case No. 539 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T