Md. Hasibul And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14684 of 2018 Arising Out of PS. Case No.-182 Year-2016 Thana- BAUSI District- Purnia ======================================================
1. Md. Hasibul, S/o Md. Hanif,
2. Md. Siddique, S/o Md. Chatu Maharaj @ Ishaque, Both R/o Village- Chatangi, P.S.- Baisi, District- Purnia. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Singh, Advocate For the Opposite Party/s :
Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend arrest in Baisi P.S. Case No. 182 of 2016, instituted for the offence under Sections 414 of the IPC and Section 11 of the Prevention of Cruelty Act. In the written report, it is alleged that during course of investigation of other cases, the informant got information that some persons were carrying illegal article on ACE Magic Truck without number. Thereafter, the informant along with raiding party saw ACE Magic without number and told the driver to stop. But the driver ignored the indication and fled away leaving the vehicle. On search, the informant found seven calf and one cow inside the vehicle.
Patna High Court Cr.Misc. No.14684 of 2018(3) dt.23-04-2018 2/3 Learned counsel for the petitioners has submitted that the petitioners have been made accused merely on the ground they are owner and driver of the aforesaid vehicle. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Baisi P.S. Case No. 182 of 2016, to the satisfaction of the learned 2nd ACJM, Purnia, subject to condition as laid down u/S 438 (2) of the Cr. P.C.
with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) khushbu/- U T
Patna High Court Cr.Misc. No.14684 of 2018(3) dt.23-04-2018 3/3