Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54581 of 2021 Arising Out of PS. Case No.-136 Year-2021 Thana- AMAS District- Gaya ====================================================== MD. DANISH S/o Jasimuddin Resident of Village- Hamzapur, P.S.- Amas, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gyanendra Kumar Shukla For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-02-2022 Heard both the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Amas P.S. Case No.136 of 2021 instituted for the offences under Sections 420, 428, 429, 414, 120(B)/34 of the Indian Penal Code & Sections 3/4/11(a)(d)(h)(k), 4 of the Bihar Animals Protection Act. After investigation sections 413, 153A and 295A of the IPC have been added.

Learned counsel for the petitioner submits that neither the cattle belongs to the petitioner nor the container belong to him nor he was present at the sight. The petitioner has been made accused solely on the statement of co-accused. Having considered the aforesaid, I am inclined to grant anticipatory bail to the petitioner and in the event of arrest,

Patna High Court CR. MISC. No.54581 of 2021(2) dt.23-02-2022 2/3 he shall be released on bail subject to conditions as laid down under section 438 (2) of the Cr.P.C., which are as under:-

1. The applicant, namely, Md. Danish shall furnish personal bond with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.

2. The applicant shall cooperate with the investigation and make himself available for interrogation whenever required.

3. The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer,

4. The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

5. The applicant shall not leave the territory of Gaya without prior permission of the court, till trial is over;

6. The applicant shall maintain law and order;

7. The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

Patna High Court CR. MISC. No.54581 of 2021(2) dt.23-02-2022 3/3

8. The applicant shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

9. The applicant shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) amit/- U T