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Patna High CourtCR. MISC./73374/2023bail granted

Md. Shabbir Alam v. The State Of Bihar

2023-11-09Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73374 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- SARAI District- Vaishali ====================================================== MD. SHABBIR ALAM SON OF MD. SHAFIQUE SIDDIQUEE RESIDENT OF VILLAGE - SHEKHANA KLAA, HARGANWAN, P.S. - BIHAR SHARIFF, DISTRICT - NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sarai P.S. Case No.139 of 2023, registered for the offences punishable under Sections 414 of the Indian Penal Code and 11(D) (E)(K) of the Animal Cruelty Act, 1960.

3. As per allegation, the informant along with other police personnel during vehicle checking intercepted vehicle Reg. No. BR27GA1860 and five persons jumped from the container and tried to flee away, but all of them got apprehended and the petitioner is one of them. On search of the said container, 60 black buffalos were illegally loaded.

4. Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent. He is a bona fide

Patna High Court CR. MISC. No.73374 of 2023(2) dt.09-11-2023 2/2 purchaser of the cattle loaded on the container. There is no material which shows that the cattle loaded on the container, was stolen properties.

6. Considering the above-mentioned facts and circumstances as well as the statement of the victim recorded under Section 164 of the CrPC, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM-I, Vaishali at Hazipur in connection with Sarai P.S. Case No.139 of 2023, subject to the conditions as laid down under Section 438(2) CrPC (Nawneet Kumar Pandey, J) SONALI/- U T