Samar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40679 of 2026 Arising Out of PS. Case No.-10 Year-2021 Thana- PALASI District- Araria ====================================================== 1.

Samar S/O Firoj Resident of Village - Bhadal, P.S. Doghat, District Baghpat, Uttar Pradesh 2.

Ashu @ Asmauhmmad S/o Firoj Resident of Village - Bhadal, P.S. Doghat, District Baghpat, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2026 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 411, 420, 120B and 34 of the IPC and Section 11(a), (d), (e), (f) of the Prevention of cruelty to Animals Act.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that an NGO reported about illegal trafficking of prohibited camels, accordingly, based on the information police along with local people recovered 11 camels on 12-2-2021 from different places, including the bamboo orchard of Sohaib, it is

Patna High Court CR. MISC. No.40679 of 2026(2) dt.07-07-2026 2/3 next alleged that Sohaib is in this profession for the last four years and villagers are afraid of him thus does not disclose about his nefarious activity, further petitioners along with other accused persons are involved in illegal trafficking of camels, the camels are stolen from Rajasthan and sent to Bangladesh via Bihar.

4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that thrust of the allegation is against Sohaib and against the petitioners, it is alleged that they are also involved in trafficking of prohibited breed of camel.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that allegations are yet to be ascertained and if privilege of anticipatory bail is granted to the petitioners, the petitioners may abscond, on which the learned counsel appearing on behalf of the petitioners submits that if privilege of anticipatory bail is granted, petitioners will not abscond rather will co-operate in the investigation to prove their innocence.

6.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.40679 of 2026(2) dt.07-07-2026 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Palasi P.S. Case No. 10 of 2021, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7.

One of the bailors of the petitioners shall be their father, namely, Firoj.

8.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners, despite giving assurance to this Court, are not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. 9.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T