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Patna High CourtCR. MISC./45023/2023bail granted

Gabra @ Mashiruddin v. The State Of Bihar

2023-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45023 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- KURLIKOT District- Kishanganj ====================================================== GABRA @ MASHIRUDDIN SON OF GYASUDDIN @ MD. GAISUDDIN RESIDENT OF VILLAGE- THAUWAPARA THANA GALGALIA DISTRICT KISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 414/34 of the Indian Penal Code and Section 4 (b) Bihar Prevention and Preservation Animals Act 1955 .

3. As per the prosecution case, the ceased cattle allegedly belongs to this petitioner.

4. However, learned counsel for the petitioner submits that he has got no concern with the ceased cattle and he has been made accused in this case on the confessional statement of other co-accused person . Nothing has been recovered from the conscious possession of the petitioner, as

Patna High Court CR. MISC. No.45023 of 2023(3) dt.31-08-2023 2/2 such no offence under section 414 of the I. P . C . is made out against this petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Kishsnganj in connection with Kurlikot P.S. case no. 13 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T