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Patna High CourtCR. MISC./69564/2025disposed

Md. Tanweer @ Mohammad Tanweer v. The State Of Bihar

2025-10-07Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69564 of 2025 Arising Out of PS. Case No.-280 Year-2025 Thana- KARAKAT District- Rohtas ====================================================== 1.

Md. Tanweer @ Mohammad Tanweer S/O Md. Mustaque R/O Village/AtMirza Dost Mohammad Lane, Makhlotganj, P.S.- Gaya, District- Gaya. 2.

Prem Yadav S/O Damodar Yadav R/O Village/At- Kandi Buniyadganj, P.SGaya, Distt. Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate :

Mrs. Devika Rani, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2025 Heard learned senior counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 317(5) of the BNS.

3. As per prosecution case, informant Bhagirath Kumar alleged that on 25.05.2025, when he along with other police personnel reached at NH120 near village Gorasi, he saw that one truck was standing there in abandon condition and smell was coming from that truck. On search, total 52 bundles of animal leather was recovered.

4. It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.69564 of 2025(2) dt.07-10-2025 2/3 petitioner no.1 is owner and petitioner no.2 is driver of the truck in question. It is submitted that without knowledge and consent of petitioner no.1, the alleged animal skin was being transported by the truck as such he cannot be held responsible for the same. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the bail petition and submits that petitioner no.2 is the driver of said truck who was driving the truck in question and was involved in selling of illegal animal skins, as such, he does not deserve the privilege of anticipatory bail.

6. Considering the fact that petitioner no.1 is owner of the truck and without his knowledge and consent the truck was being used for transporting the illegal animal skins, clean antecedent and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner no.1, as named above, 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 A.C.J.M. 1st Bikramganj, Rohtas in connection with Karakat P.S. Case No. 280 of 2025, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS), 2023.

Patna High Court CR. MISC. No.69564 of 2025(2) dt.07-10-2025 3/3

7. So far as petitioner no.2 is concerned, he is driver of the truck in question, prayer for pre-arrest bail of the petitioner no.2 is rejected.

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