Shekh Hasrat @ Md. Hajrat And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37874 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Shekh Hasrat @ Md. Hajrat, S/o Shekh Jamil @ Md. Jamil @ Jeemal,
2. Shekh Jamil @ Md. Jamil @ Jeemal, S/o S.K. Makbul, Both are R/o Pirpainti Bazar, P.S.- Pirpainti, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tarun Prasad Mandal, Advocate. For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Pirpainti P.S. Case No. 29 of 2018 instituted for the offence under Sections 429, 295A/34 of the Indian Penal Code and Section 11 of Prevention of Cruelty to Animal Act, 1960.
Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners. It has further been submitted that five accused persons including the petitioners are named in the written report.
In the written report it is alleged that all the accused persons have killed the bull near Maranga Ghat. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.37874 of 2018 (3) dt.18-07-2018 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Pirpainti P.S. Case No. 29 of 2018, they shall be released on anticipatory 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 Additional Chief Judicial Magistrate-XI, Bhagalpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T