Idris Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34667 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Idris Sardar Son Of Iyaad Ali Sardar Resident Of Village Athdhara Hadawa, P.S. Hadawa, District Uttar 24 Pargana ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. N. A. Shamsi For the Opposite Party/s :

Mr. Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 411, 429 and 272/34 of the Indian Penal Code and Sections 11(i)(a)(d) & 4 of Prevention of Cruelty to Animal Act, 1960 and Section 3/4/4(B) of Bihar Prevention and Improvement of Animal Act 1955 and Section 7/15 Environment Act pending in the learned court below.

3. As per the prosecution case, informant received information that cattle are being taken to West Bengal on a truck. On the basis of this information, the said truck was stopped and the driver, namely, Nazirul Mulla and cleaner, namely, Md. Kayam Mandal were apprehended.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.34667 of 2023(2) dt.26-07-2023 2/2 He further submits that the petitioner is made accused in the present case because he is the owner of the said vehicle. He submits that the petitioner has given his vehicle on the rent, and he has absolutely no concern with the material transported on it. He further submits that petitioner was not apprehended on the spot nor any incriminating article has been recovered from his physical or conscious possession. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Madanpur P.S. Case No.73/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T