Babloo Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30830 of 2026 Arising Out of PS. Case No.-112 Year-2026 Thana- AAJAM NAGAR District- Katihar ====================================================== Babloo Kumar Singh S/o Jay Ram Singh Resident of Village- Kushwaha Tola, Bhains Diyara, P.S - Barari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-05-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Azamnagar P.S. Case No.112 of 2026, F.I.R dated 14.03.2026 registered for the offences punishable under Sections 316(2), 316(5), 318(4), 319(2), 338, 336(3), 340(2), 303(2), 61(2) and 223 of the Bharatiya Nyaya Sanhita, 2023.

3. According to prosecution case, on 13.03.2026 at about 10:00 P.M., the informant received secret information regarding illegal smuggling of cattle and cruelty being inflicted upon cattle kept in Jimmenama at the SPCA Gaushala. Upon reaching the spot along with police personnel, it was found that the cattle at the SPCA Gaushala were being subjected to cruelty and several cattle entrusted under court orders were missing.

2/4 The informant further found the main gate of the cowshed closed, with cattle tied outside at different places. On verification, only 115 cattle were found present against the recorded number of 270 cattle as per police station and court records.

4. Learned counsel for the petitioner submits that coaccused Mehboob Alam is the Chairman of the Society for Prevention of Cruelty to Animals (SPCA) and, therefore, the affairs of the said institution are under his control and supervision. It is further submitted that the petitioner was merely working as an employee in the said SPCA for earning his livelihood and had undertaken engagement at the said centre in that capacity alone. It has further been submitted that there is no allegation of subjecting animals to cruelty against the petitioner and, even assuming that any offence is made out, at best it would amount to a first offence for which only a minor punishment of fine is prescribed.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Considering the aforesaid facts and circumstances there is no specific allegation of assault against the petitioner while the petitioner is merely an employee under the

3/4 Chairmanship of co-accused, Mehboob Alam and the petitioner has no criminal antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.

7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Azamnagar P.S. Case No.

4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T