Patna High CourtCR. MISC./74092/2024bail granted

Md. Salauddin Khan @ Md. Slauddi Khan v. The State Of Bihar

2024-11-11Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74092 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- Ramgarh Chowk District- Lakhisarai ====================================================== Md. Salauddin Khan @ Md. Slauddi Khan Son of Md. Zayauddin Khan Resident of Village- Kalwan ,P.S. -Amas , District -Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-11-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Ramgarh Chowk P.S. Case no.39 of 2024 registered for the offence punishable under sections 379, 411 and 414 of the Indian Penal Code, section 11(1)(a)(d)(h)(k) of the Prevention of Cruelty to Animals Act, 1960 and under Rule 47, 48, 50, 52, 54 and 56(C) of the Transportation of Animals, Rules, 1978.

3. As per the prosecution case, on secret information having been received, a raid was conducted and six containers kept on the road side with five persons being caught by the villagers were searched. It is stated that 190 cattles were found

Patna High Court CR. MISC. No.74092 of 2024(2) dt.11-11-2024 2/3 and on being asked none of them produced any documents.

4. Learned counsel for the petitioner submits that the petitioner was not caught at the place of occurrence. The reason of false implication of the petitioner is that he happens to be the registered owner of three of the seized containers which are hired for commercial purposes and used for transportation on rent by the drivers. The petitioner has no concern with the seized cattles and he has not been found anyway involved in the occurrence. He has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the petitioner not having been arrested at the spot, his not having any concern with the seized cattles, the reason for the petitioner's implication being that he happens to be the registered owner of the containers/commercial vehicles, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ramgarh Chowk P.S. Case no.39 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.74092 of 2024(2) dt.11-11-2024 3/3 two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai. (Partha Sarthy, J) Saurabh/- U T