Patna High CourtCR. MISC./65008/2023bail granted

Kaushar Ali v. The State Of Bihar

2023-10-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65008 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== Kaushar Ali Son Of Abdul Rasheed Resident Of Village - Maulana Azad Nagar, P.S. - Pokhraj, District - Kaushambi (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 411 and 429 of the Indian Penal Code and section 11(d), 11(e) of the Prevention of Cruelty to Animals Act.

3. As per the prosecution case, on secret information the police intercepted a Container bearing registration no. UP21BN7574 and in course of search, 49 Oxen and 04 cows were recovered. Petitioner is alleged to be the driver of vehicle in question.

4. It is submitted by the counsel for petitioner that petitioner being driver was simply following the instruction of owner and he was not aware about the nature of consignment.

Patna High Court CR. MISC. No.65008 of 2023(2) dt.16-10-2023 2/2 Owner of the vehicle in question has already been granted bail by a coordinate Bench of this court vide order dated 26.07.2023 passed in Cr. Misc. No. 36742 of 2023 vide annexure-3 to this bail application. Petitioner claims clean antecedent.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Sub-Divisional Judicial Magistrate Dehri, Rohtas at Sasaram in connection with Dehri (Dalmianagar) P.S. Case No. 62 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T