Ahiya Khan @ Yahia Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18038 of 2015 Arising Out of PS.Case No. -114 Year- 2013 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ahiya Khan @ Yahia Khan Son of Quyamuddin khan resident of Village- Sabaitha Bahuarwa, P.s Kangali, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 414 of the Indian Penal Code and Sections 11(A)(D) of the Prevention of Cruelty to Animal Act and Section 44 of the Juvenile Justice Case and Protection) Act.
The police has intercepted 30 buffaloes meant for smuggling. One person along with mobile was arrested and two persons fled away. During interrogation he has given the name of the petitioner.
Learned counsel for the petitioner submits that petitioner has no concerned with smuggling and he has
Patna High Court Cr.Misc. No.18038 of 2015 (2) dt.09-07-2015 been wrongly implication in the present case. Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Ahiya Khan alias Yahia Khan, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Raxaul, East Champaran in connection with Ramgarhwa P.S. Case No.114 of 2013, , subject to the conditions as laid down under Section 438(2) of the Code of Criminal procedure. It is made clear that if the petitioner will not co-operate during course of investigation and join for interrogation the police will be at liberty to file an application for cancellation of bail. (Shivaji Pandey, J) Vinay/- U T