Noor Yaad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23185 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- MAHESI District- East Champaran ======================================================
1. Noor Yaad, S/o-Sattar Sheikh , R/o-Vill.- Bhabhota, P.S.- Sathi.
2. Md. Nurulain Alam S/o Ramjan Ali,
3. Md. Raiful Ansari S/o Riyazul Ansari, R/o- Vill.- Murli, P.S.- Balthar, All of District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-04-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 413 and 414/34 of the IPC, Sections 11(1) A,B,C,D,E,F,G,H of the Prevention of Cruelty to Animals Act, 1960 and Sections 47, 48, 49, 50 and 96 of the Transportation of Animals Rules, 1978. The prosecution case, as per the written report of A.S.I., Mehsi Police Station dated 04.02.2018, submitted to the Station House Officer, Mehsi Police Station is to the effect that during patrolling, one Bolero vehicle was intercepted on which four oxen were found loaded, when it was suspected that theft animals were being transported.
It is submitted by learned counsel for the petitioners that in
Patna High Court Cr.Misc. No.23185 of 2018(2) dt.30-04-2018 2/2 spite of the fact that the animals were purchased animals and receipt to that effect were shown, the police maliciously lodged the present case. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the accusation is specific against the petitioner.
Considering the nature of accusation, coupled with the statement made in paragraph no.3 of the petition, that the petitioner is not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-VI, Motihari, East Champaran in connection with Mehsi P.S. Case No. 16 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T