Ainullah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4237 of 2021 Arising Out of PS. Case No.-02 Year-2020 Thana- KANGLI District- West Champaran ====================================================== 1.

AINULLAH KHAN Son of BERAHIM KHAN Resident of VillageBheriharwa, P.S.- Kangali, District-West Champaran 2.

Saheb Khan Son of Rafique Khan Resident of Village- Bheriharwa, P.S.- Kangali, District-West Champaran 3.

Kedar Yadav Son of Late Amardeo Yadav Resident of Village-Basantpur, P.S.- Kangali, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2021 Heard Mr. Umesh Chandra Verma, learned Advocate for the petitioners and Mr. Upendra Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Kangali P.S. Case No. 02 of 2020 dated 08.01.2020 instituted for the offences under Sections 414 of the Indian Penal Code and 11(1),(a),(i), (k) of the Prevention of Cruelty to Animals Act, 1960. 49 animals were recovered from the cattle-shed of one Reyaz Khan. The police found that the cattle were being treated cruelly.

Learned counsel for the petitioners has submitted that they are not at all concerned with the

Patna High Court CR. MISC. No.4237 of 2021(2) dt.14-12-2021 2/2 cattle which have been recovered and impounded. The petitioners had no idea from where the cattle was brought to the cattle-shed of Reyaz Khan. Merely on suspicion, the petitioners have been made accused in this case.

The petitioners no. 1 and 2 were earlier made accused in a case of similar nature but they have been granted bail in the aforesaid cases.

Regard being had to the aforestated facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bettiah West Champaran in connection with Kangali P.S. Case No. 02 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T