Sabir Dewan @ Sabir Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32661 of 2026 Arising Out of PS. Case No.-83 Year-2026 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

Sabir Dewan @ Sabir Ali Son of Nurmahmmad Dewan Resident of Village -Ahirauli, Dubauli Tola, Police Station - Gopalpur, District- Gopalganj. 2.

Bhutu Dewan @ Bhutu Ali @ Bhuttu Ali son of Nurmahmmad Dewan Resident of Village -Ahirauli, Dubauli Tola, Police Station - Gopalpur, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-07-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Gopalpur P.S. Case No.83 of 2026 instituted under Sections 317(5) & 111 of the B.N.S., 2023 & 11, 11(D), (E), (F), (L) of Prevention of cruelty to Animal Act.

3. As per the F.I.R., the informant during patroling duty received secret information that several persons were loading stolen cattle into two pickup van in front of one Sahabudin Dewan's house situated at village Ahirauli Dubauli Tola Takiya for smuggling, the police party reached on the spot and upon search, recovered total 25 cattle from both the

Patna High Court CR. MISC. No.32661 of 2026(3) dt.17-07-2026 2/3 vehicles. It is alleged that accused persons including the petitioners fled away from the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case only on the basis of suspicion. He further submits that the alleged pickup van from which the cattle was recovered does not belong to the petitioners and they have no concern with the alleged seized cattle. Learned counsel submits that petitioners were not present on the spot on the alleged date of occurrence. He further submits that no incriminating article has been recovered from the conscious possession of the petitioners. Petitioners have got clean antecedent and they undertake to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation against the petitioners as well as their clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to

Patna High Court CR. MISC. No.32661 of 2026(3) dt.17-07-2026 3/3 the satisfaction of the learned C.J.M., Gopalganj in connection with Gopalpur P.S. Case No.83 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Utkarsh.k/- U T