Md. Salauddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67357 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- NAYA RAM NAGAR District- Munger ====================================================== Md. Salauddin Son Of Md. Jakruddin R/O Vill - Rajpur, P.S. - Sabour, Distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjiv Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rajendra Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 11(a) (b)/54(i)(ii)(iii)/56(a)(c)(f) of Bihar Cattle Protection Amendment Act, 1982 (T.C. Act) and 4(a)(b)/4(ii) of Bihar Cattle Protection Amendment Act, 1955.
3. As per the prosecution case, on information, the informant along with some police personnel reached on the spot and saw many buffaloes loaded on the truck. One person was sitting on the truck and the driver of the truck fled away. He disclosed his name Umesh Ravidas. On interrogation, he told the police that they transporting the buffaloes from Barbigha to Khagaria. On search, total 35 buffaloes were found loaded on
Patna High Court CR. MISC. No.67357 of 2023(3) dt.23-01-2024 2/3 the truck. He did not produce any paper regarding the buffaloes.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. He submits that petitioner is not named in the F.I.R., but during course of investigation, the name of the petitioner is being transpired as driver of the truck in the present case. He further submits that the learned Court below released the said buffaloes in favour of Md. Shaukat. Similarly situated co-accused, namely, Md. Qayamuddin has been enlarged on bail by this court vide order dated 22.11.2023 passed in Cr. Misc. No. 70814 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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
Patna High Court CR. MISC. No.67357 of 2023(3) dt.23-01-2024 3/3 with Naya-Ram-Nagar-P.S. Case No. 140 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T