Dilkash Nat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36742 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== Dilkash Nat Son of Anwar Resident of village - Barun, ward no. 14 P.S. - Barun, Distt. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuvan Narayan, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-07-2023 Heard Mr. Tribhuvan Narayan, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Dehri (Dalmianagar) P.S. Case No. 62 of 2023 registered for the offence punishable under Sections 379, 411 and 429 of the Indian Penal Code and Sections 11(d) and 11(e) of the Prevention of Cruelty of Animals Act.
3. It is alleged that on a tip of secret information, the police intercepted a container bearing Registration No. UP21BN 7574 and in course of search, 49 oxen and 4 cows were recovered. It is further alleged that the driver of the container succeeded in fleeing away.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.36742 of 2023(2) dt.26-07-2023 2/3 petitioner submits that the petitioner being owner of the seized container, his name has been implicated in this case though he is able to produce receipts showing the purchase of animals, from Papu Hat Bazar, Naudiha, Palamu, Jharkhand. He next submits that the petitioner is a man of fair antecedent and he undertakes that he will fully co-operate in the investigation and in course of interrogation he would remain physically present, if his appearance would be required.
5. On the other hand, learned APP for the State vehemently opposes the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is the owner of the container and he is also able to show purchase receipts, coupled with the fair antecedent, let the above named petitioner, be released on bail, in the event of his arrest of surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas at Sasaram in connection with Dehri (Dalmianagar) P.S. Case No. 62 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with
Patna High Court CR. MISC. No.36742 of 2023(2) dt.26-07-2023 3/3 further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T