Chamaru Lal Harijan @ Chamaru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47693 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- DIGHALBANK District- Kishanganj ====================================================== Chamaru Lal Harijan @ Chamaru Son Of Binu Lal Harijan @ Dinu Lal Harijan Village- Dighalbank, P.S.- Dighalbank, Distt.- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Dighalbank P.S. Case No. 42 of 2024 dated 09.04.2024, instituted for the offence punishable under Section 414 of the Indian Penal Code and Sections 11(1) (a), (d), (e), (f), (k) of Prevention of Cruelty to Animals Act, 1960.

3. The allegation is of transportation of 16 cattle on Pickup Van without valid papers.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that since the petitioner is the owner of the said vehicle, he has been made accused in this case. It is further submitted that allegation of recovery of 16 cattle without valid

Patna High Court CR. MISC. No.47693 of 2024(2) dt.07-08-2024 2/2 documents does not constitute any offence as these cattle are not related with any theft further owner is also not found on the spot in transportation. It is submitted that cattle recovered from the vehicle are not stolen but are purchased one, therefore, no offence under Section 414 is made out against the petitioner. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Dighalbank P.S. Case No. 42 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Kishanganj, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T