Surendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17177 of 2015 Arising Out of PS.Case No. -197 Year- 2014 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Surendra Yadav, S/o Naresh Yadav, Resident of Village - Reluah (Panchabhaiya Tola), P.S. Nautan, District - West Champaran.

2. Kalamuddin @ Kalimuddin Mian @ Md. Kalamuddin S/o Saheed Mian Resident of Village - Bishambharpur, P.S. - Bettiah (M), District - West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-06-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nautan (Jagdishpur) P.S. Case No. 197 of 2014 registered under Sections 413, 414 of the Indian Penal Code and 11(i)A/11(i)D of the Prevention of Cruelty of Animal Act and section 47(A), (B), (C), 45/49(A), 54(i) (ii) (iii) of the Transport and Animal Rule Act.

The accusation is that Gopi Yadav, Dasarath Yadav and Sheodhari Yadav were apprehended by the Police and from their possession, 34 cattle were seized. They disclosed the name of both the petitioners involved in smuggling of the cattle. Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.17177 of 2015 (2) dt.03-06-2015 2/2 petitioners submits that it would appear from the F.I.R. itself that the petitioners have not been arrested on the spot, rather their name has come on the confessional statement of the above three co-accused persons. Moreover, 34 seized cattle have been released in favour of three co-accused persons, who were apprehended by the police, by the trial Court.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 197 of 2014 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J.) Shail/- U T