Parwej Alam @ Parwej Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55578 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Parwej Alam @ Parwej Khan, Son of Serajul Khan Resident of Village - Santghat, P.S.- Bettiah Town, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Majhaulia P.S. Case No.392 of 2018 for the offence punishable under Sections 413, 414 of the Indian Penal Code and Section 11(1) (a)(d)(k) of the Prevention of Cruelty to Animal Act. The allegation against the petitioner, as mentioned in the FIR is that police got secret information that petitioner along with three other accused persons were transporting stolen cattles on a pick up van and the police reached near the Piprasi bridge and intercepted one pick up van while driver of the vehicle succeeded in fleeing away and the police recovered seven stolen cattles.

Mr. Bimlesh Kumar Pandey, learned counsel

Patna High Court CR. MISC. No.55578 of 2019(2) dt.03-09-2019 2/3 appearing for the petitioner submits that petitioner has not not committed any offence inasmuch as the name of the petitioner has been dragged in this case merely on the basis of secret information received by the police and no cogent evidence has been produced by the police connecting the petitioner with this offence. Learned counsel further submits that petitioner has got clean antecedent and the owner of the pick up van has been granted bail by this Court in Cr. Misc. No.6696 of 2019. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that from perusal of the First Information Report, it is evident that name of the petitioner has transpired only on the basis of secret information and no cogent material has come to connect the petitioner with the present offence and the owner of the pick up van has been granted bail by this Court, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.55578 of 2019(2) dt.03-09-2019 3/3 sureties of the like amount each to the satisfaction of learned A.C.J.M., Bettiah, West Champaran, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T