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Patna High CourtCR. MISC./26012/2024bail granted

Sikendra Kumar Singh v. The State Of Bihar

2024-06-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26012 of 2024 Arising Out of PS. Case No.-369 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== 1.

Sikendra Kumar Singh S/O Fulena Singh R/O Village-Kowabandh, Jealgora Gosaidih, P.S Govindpur, District Dhanbad.

2.

Kangresh Kumar S/O Mosafir Rai R/O Village- Mohammadpur, P.SGarkha, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 279, 337, 338 , 427, 379, 411 , 120(B) and 34 of the Indian Penal Code .and Section 11(i)(a)(d)(h)(k) of Prevention of cruelty to animal Act 1960, and 47, 48 , 50, 52 and 56(c) of Transportation of Cattle Rule 1978 .

3. As per the prosecution case, the pickup van loaded with animals collided with a tree, due to which one buffalo and two cows died.

4. It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.26012 of 2024(3) dt.25-06-2024 2/2 petitioner No. 1 is owner of the pickup van and petitioner No. 2 is driver of the aforesaid vehicle. Petitioner No. 1 runs a milk diary at Dhanbad town, Jharkhand. He had purchased the said animals from the animal market at Chhapra on payment of their consideration value, but during the course of transit from Chapra to Dhandbad, the pickup van met an accident. At best, due to negligent driving, the pickup van collided with the tree and accident took place. Petitioner claims clean antecedent.

5. Learned counsel for the State oppose the bail petition .

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Jamui in connection with Sikandra P.S. Case No. 369 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T