Shailesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32290 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- DEOKUND District- Aurangabad ====================================================== SHAILESH YADAV son of Yugeshwar Yadav Resident of Village- Samaspur, P.S.- Kako, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Sinha For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

1. The petitioner is apprehending his arrest in connection with Deokund P.S. Case No. 14 of 2023 registered for the offences punishable under Sections 279, 337, 338, 379, 411, 34 of the Indian Penal Code and under Section 11 of the Prevention of Cruelty to Animal Act.

2. As per prosecution case, eight cattle were tied in ruthless manner and were found in suffocating condition in Bolero Pick-Up van. It is further alleged that apprehended co-accused persons Doman Ansari and Akbar Ansari disclosed the name of the present petitioner as the driver of the said pick-up van who fled away from the place of occurrence.

3. Learned counsel for the petitioner submits that neither petitioner was the owner of the seized pick-up van in

Patna High Court CR. MISC. No.32290 of 2023(2) dt.14-07-2023 2/2 question nor he was driving the alleged vehicle at the point of time when the alleged vehicle was seized with eight cattle. He further submits that petitioner has nothing to do with the alleged occurrence. Petitioner was not found at the place of occurrence. He further submits that petitioner bears no criminal antecedent.

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

5. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Aurangabad in connection with Deokund P.S. Case No. 14 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) alok/- U T