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Patna High CourtCR. MISC./42335/2017bail granted

Dullu @ Dallu And ANR v. The State Of Bihar

2017-10-03Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42335 of 2017 Arising Out of PS.Case No. -256 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Dullu @ Dallu, Son of Md. Zahur.

2. Mona Son of Sonu.

R/o Mohalla- Kona Sarai, P.S.- Laheri, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 03-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehends their arrest in connection with Laheri P.S. Case No.256 of 2017 registered under Sections 271, 273, 278, 290, 295A, 153A, 429, 420 and 120B of the Indian Penal Code besides Section 11(2) of the Animal Cruelty Act. The accusation is that on receiving secret information about loading of beef, kept in a plastic bag, on a truck, the informant being the A.S.I. of Laheri Police Station, District-Nalanda, alongwith other police officials reached at Chandni Kalali, Kona Sarai, and found some persons engaged in loading the plastic bag on the truck. On seeing the police party, while those persons started to flee away but three persons

Patna High Court Cr.Misc. No.42335 of 2017 (3) dt.03-10-2017 2/2 were apprehended, who disclosed their name as Md. Jahid, Md. Arif and Raju Paswan. On search, 39 packets of beef were seized and the aforesaid apprehended persons disclosed the name of the petitioners and one Afaroj, who succeed to flee away.

Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that the petitioners were not apprehended on the spot rather their names have been disclosed by the aforesaid apprehended accused. Further submission is that the similarly situated co-accused Afaroj has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 21.09.2017 passed in Criminal Misc. No.42504 of 2017. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Nalanda at Bihar Sharif, in connection with Laheri P.S. Case No.256 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T