Mahmood Alam And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38852 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -BELA INDUSTRIAL District- MUZAFFARPUR ======================================================
1. Mahmood Alam, S/o Late Makbool Alam,
2. Firoza Khatoon W/o Late Makbool Alam, Both R/o Mohalla- Maripur Chitragupta Road Muzaffarpur, P.S.- Kazi Mohammadpur, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Bela P.S.Case No.06 of 2018 , registered for offences punishable under Sections 278, 284, 287, 290, 420, 467, 468 and 120(b)/34 of the Indian Penal Code and Section 11)D)(E))L) of the Prevention of Cruelty to animal Act, 1960. Allegation against the petitioners is they are slaughting animals and supplying meat to other places.
Submission of the learned counsel for the petitioners is that no case is made out under Section 420, 467, 468 of the IPC and the petitioner is licencee and no objection certificate has been issued from the Bihar Pollution Board and so far other allegations
Patna High Court Cr.Misc. No.38852 of 2018 (2) dt.06-07-2018 2/2 are concerned they are bailable.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM III, Muzaffarpur in connection with Bela P.S.case No.06 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T