Md. Sabbar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33757 of 2025 Arising Out of PS. Case No.-38 Year-2022 Thana- KASMA District- Aurangabad ====================================================== Md. Sabbar Khan Son of Md. Sabir Khan R/O Village- Sihuli, P.S.- Amas, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Vijay Kumar, Advocate For the State :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 279, 295A, 379, 414, 417, 420, 428, 429, 465 and 120B of the Indian Penal Code, Section 11 of the Prevention of Cruelty to Animals Act and Sections 3, 4 and 4(B) of the Bihar Prevention and Improvement of Animals Act.
3. As per prosecution case, this petitioner is alleged to be driver of the vehicle in which cattle were being transported illegally.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, petitioner is driver of the seized vehicle and
Patna High Court CR. MISC. No.33757 of 2025(2) dt.01-08-2025 2/2 was performing his duties as per instructions of the owner. Moreover, charge-sheet has already been submitted and petitioner is in custody since 27.03.2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned C.J.M., Aurangabad in connection with Kasma P.S. Case No. 38 of 2022.
(Prabhat Kumar Singh, J) shashank/- U T