Ganni Alam @ Tanveer Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43613 of 2022 Arising Out of PS. Case No.-462 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== Ganni Alam @ Tanveer Alam S/o Gulteni Alam @ Shamsher Alam R/o village- Sonwal Dachhinpatti, P.S.- Paharpur, District- East Champaran .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Paharpur(Malahi) P.S. Case No. 462 of 2020 registered for the offences punishable under Sections 279, 427, 429, 295A and 34 of the Indian Penal Code and Section 11(i) of Prevention of Cruelty of Animal Act, 1960.

Allegedly, the petitioner and co-accused were found indulged in selling cow meat and from a bag which was being carried by the petitioner and co-accused on a motorcycle 60 kg cow meat was recovered.

The main submissions advanced by the learned

Patna High Court CR. MISC. No.43613 of 2022(2) dt.24-11-2022 2/2 counsel Mr. Abhishek Kumar for the petitioner are that the petitioner was not arrested at the spot, he had no concern to the alleged motorcycle and similarly situated co-accused person namely Bhola Alam @ Amir Alam has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 55609 of 2021 and the petitioner has been languishing in jail since 21.05.2022 having clean antecedent. Learned APP Mr. Bharat Lal appearing for the State has opposed the bail prayer.

In view of the above submissions and mainly considering the petitioner's custody period and his clean antecedent and also the fact that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court vide order passed in above-mentioned Cr. Misc. case, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner 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 concerned Court in connection with Paharpur(Malahi) P.S. Case No. 462 of 2020 .

(Shailendra Singh, J.) sangam/- U T