Manir Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34014 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manir Khan son of Late Wakil Khan

2. Kishor Giri @ Kishori Giri S/o Ramswaroop Giri both resident of Village- Bheriharwa, P.S.- Kangali, District- West Champaran. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Palanwa P.S. Case No. 05 of 2016 for the offences instituted under Sections 414/34 of the Indian Penal Code and Sections 11 (A), (C), (D) of Animal Cruelty Act. The allegation against the petitioners is that they are involved in smuggling of 47 buffaloes.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. As per the

Patna High Court Cr.Misc. No.34014 of 2016 (3) dt.09-12-2016 2/2 allegation, the petitioners were carrying buffaloes for sale. Vide Annexure-3 to the supplementary affidavit, it has been brought on the record that the said buffaloes were purchased by the petitioners.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Palanwa P.S. Case No. 05 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) Amit/- U T