Md. Kaif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82099 of 2023 Arising Out of PS. Case No.-905 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== 1.

MD. KAIF Son of Md. Jasim Resident of Village - Nagma, Police Station - Fatehpur, District - Gaya.

2.

Arman Khan Son of Md. Alim Khan Resident of Village - Jakhra, Police Station - Sikandra, District - Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 82192 of 2023 Arising Out of PS. Case No.-905 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== AZAD KHAN SON OF MD. AJMAT KHAN RESIDENT OF VILLAGE - SHIVA, P.S. - KOTHI, DISTRICT - GAYA ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 82099 of 2023) For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Anil Kumar (In CRIMINAL MISCELLANEOUS No. 82192 of 2023) For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 379, of the Indian Penal Code and Sections 11(i)(a)(d)(e)(f) of

Patna High Court CR. MISC. No.82099 of 2023(2) dt.19-12-2023 2/3 Prevention of Cruelty to Animal Act and Section 4 of Preservation and Improvement of Animal Act.

3. As per FIR, allegation against the petitioners that they were indulged in theft and cruelty to animal.

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 present case merely on the basis of suspicion. The petitioners do sell and purchase of animals and they had purchased the recovered cattle from Hat in the name of the petitioner No-2. It is further submitted the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since long.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati Dhobi P.S. Case No. 905 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.82099 of 2023(2) dt.19-12-2023 3/3 learned Additional Chief Judicial Magistrate-Ist Sherghati or Successor Court.

(Sunil Kumar Panwar, J) manishkumar/- U T