Ali Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.545 of 2022 Arising Out of PS. Case No.-40 Year-2021 Thana- KATIHAR NAGAR District- Katihar ====================================================== ALI HUSAIN S/o- Md. Belal R/o- Jafarganj, P.S - Muffasil, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code read with Sections 11(a)(d)(c) of the Prevention of Animal Cruelty Act, 1960.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

The informant alleges that on the basis of secret information, on 28.01.2021, he along with other police personnel reached the place of occurrence and intercepted one pick-up van loaded with animals (Cows) and, on query, the driver of the vehicle disclosed his name as Md. Rezaul and, on demand, no relevant papers were produced by him with respect to the Cows. Accordingly,

Patna High Court CR. MISC. No.545 of 2022(2) dt.04-08-2022 2/2 the Cows were seized along the vehicle.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name transpired in the confessional statement of the driver of the vehicle. He further submits that petitioner had purchased the Cows from Khagaria Hat on 25.01.2021 on payment of Rs.49,000/- and, as such, the cattle were legal property of the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Katihar Town P.S. Case No. 40 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T