Manzoor Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37906 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== MANZOOR ANSARI, Son of Late Dahari Ansari @ Dahari Miyan, Resident of Village - Pujahan Sheikh Toli, P.S.- Shrinagar, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No 7, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Shrinagar Pujahan P.S. Case No.03 of 2019 instituted for the offence under Section(s) 413, 414/34 Indian Penal Code and Section 3/4 of the Bihar Preservation and Improvement of Animals Act, 1955. Counsel for the petitioner submits that there is no recovery of any incriminating articles from possession of the petitioner.

In the written report, it is alleged that police got confidential information that in village Pujahan Sheikhtoli one Salamgir Khan with his associates have killed one stolen calf and selling it. Thereafter, the police official reached there and found some persons running away from the house of Salamgir Khan. During search of house of Salamgir Khan, one black

Patna High Court CR. MISC. No.37906 of 2019(2) dt.26-06-2019 2/2 coloured head of calf and leg of calf was recovered. One person was apprehended, who disclosed his name as Jainuddin Khan, who confessed that dead calf was brought by his younger brother Salamgir Khan and co-villager Shabir Ahmed. In this manner, name of the petitioner has been disclosed by co-accused Jainuddin Khan. There is no recovery from possession of the petitioner.

Counsel for the petitioner further submits that coaccused, Jainuddin Khan, has already been granted regular bail by co-ordinate Bench of this Court by order dated 02.04.2019 passed in Cr. Misc. No.18175 of 2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shrinagar Pujahan P.S. Case No.03 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T