Good Luck Shekh @ Shoaib Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49899 of 2024 Arising Out of PS. Case No.-366 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Good Luck Shekh @ Shoaib Akhtar S/O Nasir Shekh R/O VillageRampur,P.S.- Vijaipur,District Gopalganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Vijaipur P.S. Case No. 366 of 2023 dated 12.12.2023 registered for the offences punishable u/ss 414 read with section 34 of the Indian Penal Code and u/ss 11(B), 11(D), 11 (K) and 11(L) of the Animal Cruelty Act.
3. As per the prosecution case, on secret information, one pick-up van loaded with 3 to 4 cows was standing near the house of the petitioner at village, Rampur. The informant along with other police personnel and local Chowkidar reached the place of occurrence. On seeing police, some people started to flee away. Local Chowkidar identified one of them as Gudluck
Patna High Court CR. MISC. No.49899 of 2024(2) dt.13-09-2024 2/3 Shekh (the petitioner). On search, three cows tied with rope were recovered from the said pick-up van. It is further alleged that the accused persons are indulged in smuggling of the cattle.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle from where the alleged recovery of three cows are made. Nothing has been recovered from the possession of the petitioner. The other co-accused person has already been granted bail by this court vide order dated 23.05.2024 passed in Cr. Misc. No. 32973/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Vijaipur P.S. Case No. 366 of 2023, subject to
Patna High Court CR. MISC. No.49899 of 2024(2) dt.13-09-2024 3/3 conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T