Md Usman Mian @Usman Mian @Md Usman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46507 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== MD USMAN MIAN @USMAN MIAN @MD USMAN S/O MD. NISTU RESIDENT OF VILLAGE- RAMPUR, P.S.- CHHATAPUR, DISTRICTSUPAUL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Advocate For the Opposite Party/s :
Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023 1.
Heard learned counsel for the petitioner and learned APP for the State.
2.
Petitioner seeks regular bail in connection with Chhatapur P.S. Case No.241 of 2022 dated 20.06.2022 registered for the offence/s punishable under Section/s 413, 414 read with 34 of the Indian Penal Code and Section 11(D),(E) of Animal Cruelty Act.
3.
The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a 65 years old person and he has been sufficiently punished for the alleged role, in fact the cattle which were found in the petitioner's pick up van, was validly purchased by this petitioner from a Kishan Maweshi Hat and he was not apprehended at the
Patna High Court CR. MISC. No.46507 of 2023(2) dt.28-07-2023 2/2 spot and after his arrest he produced all the relevant documents of the purchase of said cattle and the alleged offences mentioned in the FIR are not applicable against this petitioner and moreover he has been languishing in jail since 27.04.2023 and against him the investigation has been completed. 4.
Learned APP appearing for the State opposes the bail prayer.
5.
Considering the facts and circumstances of this case and above submissions and mainly the completion of investigation against this petitioner as well as his old age, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Chhatapur P.S. Case No.241 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) sangam/- U T