Aslam Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5588 of 2015 Arising Out of PS.Case No. -157 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Aslam Mian S/o Ishrafil Khuraishi Resident of vill-Bada Bariyarpur,P.SChatauni,Distt-East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam, Advocate For the Opposite Party/s : Mr. U.S.P.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code and (1) (a) (b) (k) of the Prevention of Cruelty to Animal Act.

It is alleged that two persons namely Jameshed Alam and Arshad Alam while dragging four Oxen were arrested when they disclosed that they were taking the Oxen to the petitioner who used to export animals to Bangladesh. It is submitted by the learned counsel for the petitioner that admittedly the recovery is not made from the possession of the petitioner and only on confessional statement of co-accused the petitioner has been dragged in the present

Patna High Court Cr.Misc. No.5588 of 2015 (2) dt.11-02-2015 case.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 157 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. Considering the criminal antecedent of the petitioner, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he substantially gets involved in some serious nature of the offence or defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) P.K./- U T