Md.Sharim Phirdoushi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36006 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== MD. SHARIM PHIRDOUSHI SON OF IMTEYAZ ALI KHAN R/O VILLAGE - HASANPUR, P.S. - SHERGHATI, DISTRICT - GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 279, 379, 414, 428, 429, 120(B) of the Indian Penal Code and Sections 3, 4, 4(B) of the Bihar Preservation and Improvement of Animal Act and Section 11 of the Prevention of Cruelty of Animals Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that a truck was seized loaded with cattle in wretched condition.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case as he is

Patna High Court CR. MISC. No.36006 of 2022(2) dt.29-11-2022 2/2 owner of the vehicle in which the cattle were found loaded. It is further submitted that the cattle were purchased from Kaimur Animal Market. It is next submitted that after purchasing the cattle the same were loaded by the driver of the vehicle and petitioner was not present at the place of occurrence. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that a cow was found dead while evacuating the animals.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madanpur P.S. Case No. 78 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T