Shadab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24611 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Shadab S/o- Yameen @ Mohd. Yameen Resident of Thakiya, P.S.- Dilari, Distt- Muradabad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Alka Verma, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with G.R. Case No. 651 of 2022 arising out of Keshariya P.S. Case No. 50 of 2022 registered under Sections 11(A),(B),(C),(I),(N),(K) of the Prevention of Cruelty to Animal Act and Sections 46, 47, 48, 90, 91 and 96 of the Transport of Animal Act read with Sections 414 and 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 10.02.2022, is a person with clean antecedent, charge-sheet has been submitted in the case and allegation is of recovery of 76 buffaloes from a container which was intercepted and apprehended by the informant. The learned counsel for the petitioner submits that the petitioner is the driver of the container and the owner of the container has already

Patna High Court CR. MISC. No.24611 of 2022(2) dt.18-05-2022 2/2 moved the learned court below for seeking release of the container as well as of the animals. The learned counsel submits that, as such, Section 414 of the Indian Penal Code does not get attracted.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 10.02.2022, is a person with clean antecedent and chargesheet has been submitted in the case and in the nature of the allegation and after considering the submissions made by the learned counsel for the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees 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 G.R. Case No. 651 of 2022 arising out of Keshariya P.S. Case No. 50 of 2022.

(Satyavrat Verma, J) ved/- U T