Sagir Mian @ Sagir Husain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73308 of 2022 Arising Out of PS. Case No.-624 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Sagir Mian @ Sagir Husain Son Of Late Fida Hussain @ Kutumb R/VKalibagh Gadwan Toli, Ps- Kalibagh O.P Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bashishtha Narayan Mishra, Advocate Mr.Sachida Nand Rai, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Bettiah Town Kalibagh O.P P.S. Case No. 624 of 2022 dated 25.08.2022 registered for the offences punishable u/s 414 of the Indian Penal Code and sections 11(1)(a)(b)(c)(d) of the Prevention of Cruelty of Animal Act.
As per the prosecution case, the petitioner Sagir Mian started fleeing away but he was apprehended by the police who could not produce any document regarding cow in his house
Patna High Court CR. MISC. No.73308 of 2022(3) dt.06-04-2023 2/2 and the said cow was being assaulted by the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that all offences except 414 of the I.P.C are bailable. The petitioner is accused in five other criminal cases as stated in para 3 of the bail petition, out of which two cases are related to similar nature of offence. The petitioner is in custody since 26.08.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bettiah Town Kalibagh O.P.. P.S. Case No.624 of 2022. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T