Pinku Chik @ Pintu Chik v. The State Of Bihar

Patna High Court Cr.Misc. No.56666 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56666 of 2018 Arising Out of PS.Case No. -172 Year- 2018 Thana -DULHIN BAZAR District- PATNA ====================================================== Pinku Chik @ Pintu Chik aged about 38 years, son of Nishar Ahmad, resident of Village- Singhara, P.S. Dulhin Bazar, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhola Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 414 of the Indian Penal Code and Section 11(1)(d) Prevention of Cruelty to Animals Act, 1960 registered in connection with Dulhin Bazar P.S. Case No. 172 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of cattle from two trucks. It is submitted that there is no case instituted for theft of the cattle to support the accusation under Section 414 of the Indian Penal Code. Co-accused Sardar Nagendra Singh @ Nagendra Singh who is said to be the owner of the animal fair has been granted anticipatory bail by this Court in Cr. Misc. No. 54172 of 2018.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.56666 of 2018 (2) dt.28-09-2018 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 172 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/- U T