Dileep @ Dileep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54060 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== DILEEP @ DILEEP KUMAR Son of Harish Chandra Resident of VillageTrilokpuri, Majra Malak, P.S.-Saini, District-Kaushambhi (Uttar Pradesh). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Dulhin Bazar P.S. Case No. 106 of 2019 for the offence punishable under Section 414 of the Indian Penal Code and Section 11(1)(D) of the Prevention of Cruelty to Animal Act. Learned counsel appearing on behalf of the petitioner has submitted that he has been implicated only because he was the driver of the vehicle from which the police have recovered 21 buffaloes, much beyond the capacity of the vehicle.

He has further submitted that there is no allegation of theft of the buffaloes and, therefore, no offence under Section 414 of the Indian Penal Code can be said to be made out. The petitioner has no criminal antecedent, as stated in paragraph 3 of the application.

Patna High Court CR. MISC. No.54060 of 2019(2) dt.30-08-2019 2/2 Considering the above, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 A.C.J.M.-III, Danapur, in Dulhin Bazar P.S. Case No. 106 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T