Shabu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55269 of 2016 Arising Out of PS.Case No. -189 Year- 2016 Thana -HASPURA District- AURANGABAD ====================================================== Shabu, son of Haji Muradi @ Muradi (Owner of Truck No. UP- 17T-0441), resident of Village- Barnawa, Post Office- Barnawa, Police Station- Binauli, District- Baghpat, State- Uttar Pradesh.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-12-2016 Heard both sides.
The petitioner apprehends his arrest in Haspura P.S. Case No. 189/2016, registered for the offences punishable under Sections 429, 295(A) and 34 of the Indian Penal Code and Section and Section 4, 4(2) Bihar Prevention of Improvement of Animal Act, Section 38(3) Prevention of Cruelty to Animal Act, Section 43(1)(2)(3), 48, 49(1) (2) of Transportation of Cattle Act. Petitioner is the owner of the truck bearing registration no. UP17T-0441 in which the driver was found carrying beef and flesh.
Learned counsel for the petitioner submits that 300 bags of Potato seeds were boarded on the truck and the truck was to reach Banaras from Meerut. After unloading the Potato seeds, the
Patna High Court Cr.Misc. No.55269 of 2016 (2) dt.22-12-2016 2/2 driver of the truck, without the consent of the petitioner, loaded beef and flesh on the truck, for that petitioner could not be held responsible. Similarly situated co-accused have been granted anticipatory bail vide order passed in Cr. Misc. 51834/2016. Juman Quraishi the driver of the truck has already been granted regular bail.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four 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 Sub-Divisional Judicial Magistrate, Daudnagar in connection with Haspura P.S. Case No. 189/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T