Afroz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53155 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- GUTHANI District- Siwan ====================================================== Afroz Khan, Aged about 28 years, Male, S/o Shajid Khan, R/o villageMusaile, P.S.- Gagha, District- Gorakhpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2019 Heard both sides.

Petitioner apprehends his arrest in Guthani P.S. Case No.54 of 2019, registered under Section 414 of the Indian Penal Code and under Sections 11 (a) (d) (e) and (f) of the Prevention of Animal Cruelty Act.

The gist of the allegation is that the informant being the owner of the vehicle was carrying six cows and two calves on his pick-up van bearing Registration No.UP53ET2858. Learned counsel for the petitioner submits that no offence under Section 414 of the Indian Penal Code is made out. Petitioner was carrying animals after purchasing the animals from different person. The petitioner did not commit any cruelty to any of the animals.

Taking into consideration the facts aforesaid and

Patna High Court CR. MISC. No.53155 of 2019(2) dt.26-08-2019 2/2 nature of allegation made against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, 1st, Siwan, District Siwan in connection with Guthani P.S. Case No.54 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T