Patna High CourtCR. MISC./6928/2018bail granted

Md. Imamuddin And ANR v. The State Of Bihar

2018-02-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6928 of 2018 Arising Out of PS.Case No. -90 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Md. Imamuddin, S/o Dulla Mian @ Abdul Halim,

2. Md. Ejaj @ Ejaj S/o Md. Salim, Both R/o Village- Ababakerpur, P.S.- Goraul, District- Vaishali.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

19-02-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in relation to Goraul P.S. Case No. 90 of 2016 registered under Sections 11(A) and added Sections 11(A.B.C.D.) of the Animal Cruelty Act and added Section 414 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner no. 1 in the present case is driver of the vehicle and petitioner no. 2 is owner of the cattle which were intercepted and seized giving rise to a case for the offences under Section 11(A.B.C.D.) of the Animal Cruelty Act and Section 414 of the Indian Penal Code.

Patna High Court Cr.Misc. No.6928 of 2018 (2) dt.19-02-2018 Learned counsel submits that the case lodged under Section 414 I.P.C. is a false, concocted and baseless. The allegation that these petitioners were committing cruelty against the animals are not correct. The owner of the vehicle has already been granted bail by police.

Learned counsel for the State is present.

In the facts and circumstances considering that the owner of the vehicle has already been granted bail, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Vailshail at Hajipur, in connection with Goraul P.S. Case No. 90 of 2016, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T