Jiyauddin Khan @ Zayaddin Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51975 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.

Jiyauddin Khan @ Zayaddin Khan Son Of Kamaluddin Khan @ Amaluddin Khan Village- Naimnagar, Ps- Durgapur, Dist- Bardhaman, West Bengal. 2.

Raju Alam @ Rajo Alam @ Raju Aalam Son Of Basruddin Khan @ Md. Basiruddin Khan @ Basruddin Village- Bajitpur, Ps- Kinjer, Dist- Arwal. 3.

Satish Rai @ Satish Kumar Son Of Hari Shankar Chaudhary VillageAdampur Piplawan, Ps- Naubatpur Dist- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 279, 427, 379, 414 of the Indian Penal Code read with Sections 11(1)(d), 11(1)e, 11(1)(k) of the Prevention of Cruelty to Animals Act.

3. As per prosecution story in brief is that on suspicion police apprehended one truck and one miscreant from the spot who disclosed the name of the petitioners. On search, 19 alive cows and one dead calf have been recovered from the said truck bearing Reg. No. WB39B4446. It is further alleged that accused persons were indulged in smuggling of cows.

Patna High Court CR. MISC. No.51975 of 2024(3) dt.03-10-2024 2/2

4. It is submitted on behalf of petitioners that the petitioners have falsely been implicated in this case. It is further submitted that recovered cows are not stolen but was purchased by Sushil Rai. Petitioner nos. 1 and 3 are owner and the petitioner no. 2 is the driver of the truck. Petitioners have clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioners.

6. Considering the aforesaid facts and circumstances and also petitioners having clean antecedent, the prayer for grant of anticipatory bail to the petitioners are allowed.

7. Accordingly, let the above named petitioners, in the event of their arrest /surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur in connection with Chakmeshi P.S. Case No. 64 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ranjeet/- U T