Sheru Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53680 of 2016 Arising Out of PS.Case No. -238 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Sheru Ansari, Son of Faizul Hasan, resident of Village- Pupihara, P.S. Adlhat, District Mirzapur, U.P.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhabhua P.S. Case No.238 of 2016 registered under Sections 279, 427 and 307/34 of the Indian Penal Code besides Sections 11 and 20 of the Prevention of Cruelty and Criminal Act, pending in the court of the Chief Judicial Magistrate, Kaimur at Bhabhua. The accusation is that on receiving secret information about carrying the cattle for illegal purposes on a pick up van, the police started to chase the vehicle. At the bridge of Suara river, while the signal was given to the driver of the pick up van bearing Registration No.UP 70T-7705 to stop the vehicle but the driver of the vehicle started to flee away after speeding the vehicle but on chase, the vehicle was

Patna High Court Cr.Misc. No.53680 of 2016 (2) dt.20-12-2016 2/2 stopped. In that course, one person was apprehended by the police, who disclosed his name as Raju Sah, while one person succeeded in fleeing away. The apprehended accused Raju Sah disclosed the name of the petitioner, who succeeded in fleeing away. On search of the vehicle, cows and calves, 10 in numbers, were recovered, who were in serious condition.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has not been apprehended by the police on the spot rather the name of the petitioner has been disclosed by the apprehended accused Raju Sah.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within six weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T