Raju Dewan @ Raju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23831 of 2015 Arising Out of PS.Case No. -191 Year- 2013 Thana -MEERGANJ District- GOPALGANJ ======================================================
1. Raju Dewan @ Raju Son of Israil Dewan Resident of village - Basdila Diwan, P.S. Tareya Sujan, District - Kushinagar ( U.P. ) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr. Binod Kumar -II(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-06-2015 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 11 (a) (e) of the Prevention of Cruelty to Animals Act, 1960.
Prosecution case is that two pickup van were intercepted, though there were smuggling animals. From one of the Pickup van the driver Basukinath Jaiswal and the cleaner Bhuar Mian they suggested the names of the actual animal smugglers as Sabir Diwan and the petitioner.
It is submitted by the learned counsel for the petitioner that admittedly the recovery has not been made from the petitioner and there is nothing on record to
Patna High Court Cr.Misc. No.23831 of 2015 (2) dt.26-06-2015 suggest that the animals have been transported at the behest of the petitioner.
Considering the aforesaid facts, let the above named petitioner be released on 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, Gopalganj in connection with Mirganj P.S. Case No. 191 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T