Rustam Alam @ Bagru @ Rustam Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79814 of 2024 Arising Out of PS. Case No.-240 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== 1.

Rustam Alam @ Bagru @ Rustam Alam S/o Ismail Miyan @ Ismail @ Md. Ismail Nat @ Ismail Nat R/o Village- Kariyaut, P.S.- Laukahi, DistrictMadhubani 2.

Khushbu Khatun @ Khushbu W/o Rustam Alam @ Bagru @ Rustam Alam R/o Village- Kariyaut, P.S.- Laukahi, District- Madhubani 3.

Md. Daulat S/o Ismail @ Ismail Nat @ Md. Ismail Nat @ Ismail Miyan R/o Village- Kariyaut, P.S.- Laukahi, District- Madhubani ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioners and Mr. Ram Bilash Roy Raman, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Laukahi P.S. Case No. 240 of 2022 instituted for the offence under Sections 147, 148, 149, 323, 332, 353 and 504 of the Indian Penal Code and Section 11 of the Prevention of Cruelty to Animal Act.

3. The case of the prosecution is that cattle were being transported on a Bolero pick-up. It is further alleged that seeing the patrolling party, cattle were set free and mob was collected there. Videograph of that mob was made and from

Patna High Court CR. MISC. No.79814 of 2024(2) dt.05-12-2024 2/3 that videograph, the petitioners were identified.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. From perusal of the FIR, it is clear that no specific role has been attributed agianst any of the petitioners. The nature of allegation is general and omnibus against them. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

5. Learned APP for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Laukahi P.S. Case No. 240 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Jhanjharpur, Madhubani subject to the conditions as laid down under

Patna High Court CR. MISC. No.79814 of 2024(2) dt.05-12-2024 3/3 section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T