Uttam Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54876 of 2019 Arising Out of PS. Case No.-378 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== UTTAM PATEL, Son of Shatish Patel, Resident of Village - Sikathi, P.S.- Bhabua, Dist.- Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar Seth, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 04.07.2019 in connection with Bhabua P.S. Case No.378 of 2019 registered for the offence under Sections 147, 148, 149, 341, 342, 327, 427, 332, 353, 295, 295(A), 186, 323, 307 of the Indian Penal Code.

Learned counsel for the petitioner submits that only because the petitioner is resisting in transportation of flesh and bone skin of animals from across the State border, the petitioner has been roped in in connection with the present case. It is further submitted that in connection with the alleged occurrence, which was being witnessed by himself and other persons, who had tried to intercept the truck driver in question,

Patna High Court CR. MISC. No.54876 of 2019(2) dt.04-09-2019 2/3 the petitioner has also registered Bhabua P.S. Case No.379 of 2019 under the provisions of the Prevention of Cruelty to Animal Act, 1960 against the said truck Driver and owner. It is further submitted that the criminal antecedents as indicated by the prosecution are all false and fabricated and in most of the cases, he has already been granted bail.

Considering the aforementioned facts and circumstances and the nature of allegations made against the petitioner, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Kaimur (Bhabua), in connection with Bhabua P.S. Case No.378 of 2019, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned

Patna High Court CR. MISC. No.54876 of 2019(2) dt.04-09-2019 3/3 court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T