Mintu Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45238 of 2021 Arising Out of PS. Case No.-351 Year-2019 Thana- BARHARIA District- Siwan ====================================================== MINTU ALI Son of Nur Muhammad @ Noor Mohammad Sah @ Noor Alam Resident of Village- Ahirauli Dubauli, P.S.- Gopalpur, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Javed Aslam For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 413, 414 of the Indian Penal Code and u/s 11(I) (a)(b)(c)(d) of the Bihar Animal Cruelty Act.
As per the prosecution case, on secret information a raid was conducted and nine calf have been recovered from a pick up van of which this petitioner is alleged to be driver. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that father of the petitioner has purchased all the nine calf for agriculture purposes from Lauwan cattle fair and in support of the same he has annexed the purchase receipts (Annexure -3). Petitioner has got valid driving license
Patna High Court CR. MISC. No.45238 of 2021(3) dt.21-06-2022 2/2 and he was carrying the calf after purchasing the same and, therefore, no case u/s 413/414 of the IPC is made out against this petitioner. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.
Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Siwan in connection with Barharia PS case No. 351/2019, subject to conditions laid down u/s 438(2) of the Cr. P. C.
(Prabhat Kumar Singh, J) BKS/- U T