Yusuf Ansari @ Yusuf Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56341 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- INARWA District- West Champaran ====================================================== 1.

YUSUF ANSARI @ YUSUF MIAN Son of Late Dil Mian Resident of Village - Panchamwa, P.S.- Shikarpur, District - West Champaran. 2.

Wasim @ Md. Wasim Akhtar Son of Latif Mian @ Jalfakar Miyan @ Julfakar Miyan Resident of Village - Bastha, P.S.- Maintand, District - West Champaran.

3.

Farman Son of Late Sahadat Resident of Village - Hauda Dumra, P.S.- Gaunaha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 25-02-2022 Heard both the parties through video conferencing. The petitioners seek bail in anticipation of their arrest in connection with Inarwa P.S. Case No.39 of 2021 instituted for the offences under Section 414 IPC and Sections 11(A)(D)(E) of Animal Cruelty Act.

Learned counsel for the petitioners submits that from perusal of the F.I.R. itself no case is made out under the Animal Cruelty Act as 29 cattle were seen moving in the night, which cannot be per-se case of committing animal cruelty. Having considered the submission and perusing the F.I.R. I am inclined to grant anticipatory bail to the petitioners

Patna High Court CR. MISC. No.56341 of 2021(2) dt.25-02-2022 2/3 and in the event of arrest, they shall be released on bail subject to the conditions as laid down under section 438(2) Cr.P.C., which are as under:-

1. The above named petitioners shall furnish personal bond with their recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.

2. The petitioners shall cooperate with the investigation and make themselves available for interrogation whenever required.

3. The petitioners 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 them from disclosing such facts to the court or to any police officer,

4. The petitioners 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 petitioners shall not leave the territory of West Champaran without prior permission of the court, till trial is over;

6. The petitioners shall maintain law and order;

7. The petitioners shall, at the time of execution of the

Patna High Court CR. MISC. No.56341 of 2021(2) dt.25-02-2022 3/3 bond, furnish their 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;

8. The petitioners shall surrender their passport, if any, before the investigating officer within a week and, if they do not possess any passport, they shall file an affidavit to that effect before the investigating officer;

9. The petitioners 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