Patna High CourtCR. MISC./4387/2017bail granted

Bhola Khan v. The State Of Bihar

2017-02-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4387 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -CHHAURADANO District- EAST CHAMPARAN (MOTIHARI) ====================================================== Bhola Khan, Son of Naimuddin Khan, Resident of Village- Paithanpatti, P.S.- Darpa, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Mrityunjaya Kr. Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 414/34 and 11(a) (b) (c) (m) (k) of prevention of Cruelty of Animals Act. It has been submitted that the petitioner has not been arrested on the spot. His name has been disclosed by one Jabibullah who was apprehended on the spot. It has further been submitted that the apprehended person claims to have been engaged by the petitioner on daily wage of Rs.300/-. There is no question of Section 414 I.P.C. applicable against him. The petitioner was not apprehended on the spot. His name has been disclosed by the person who has been apprehended by the police on the spot. It is stated that petitioner has no criminal

Patna High Court Cr.Misc. No.4387 of 2017 (2) dt.13-02-2017 2/2 antecedent.

Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Chhauradano P.S. Case No. 105 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T