Ankush v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1466 of 2024 Arising Out of PS. Case No.-219 Year-2022 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Ankush, S/o Ramesh Kumar @ Ramesh Chand, R/O- F-44Y, DDA Flat, P.S.- Jehangirpuri, Northwest Delhi, Delhi, 110033 ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Praveen Kumar, Advocate For the State :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Magadh University P.S. Case No. 219 of 2022 registered for the offences punishable under Sections 272, 273, 290, 414, 420, 188, 428, 429 and 34 of the Indian Penal Code, 3/4 of the Animal Cruelty Act and Section 15 of the Environment Protection Act. He has no criminal antecedent.
3. As per the prosecution story, the informant who is the owner of an N.G.O., namely, Swang Sevika Gau Gyan Foundation, New Delhi got an information that several slaughter houses are being run illegally in the State of Bihar. At the place of occurrence which is Sahdeo Khap Village where the alleged slaughter house of buffaloes and cows was being run, one
Patna High Court CR. MISC. No.1466 of 2024(2) dt.31-01-2024 2/3 container bearing Registration No. NL-01AF0886 was recovered and from the said container, processed meat was also recovered.
4. Learned counsel for the petitioner submits that the petitioner in this case has been implicated only because one vehicle bearing Registration No. NL-01-AF-0886 was found parked in the premises of the alleged slaughter house. Learned counsel submits that there is no allegation that this petitioner was also involved in the said business.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the fact that the petitioner has been implicated in this case only because one vehicle bearing Registration No. NL-01-AF-0886 registered in his name was found parked in the premises of the alleged slaughter house, there being no allegation that this petitioner was involved in the said business and otherwise this petitioner has got no criminal antecedent, hence, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above-named shall be released on bail in connection with Magadh University P.S. Case No. 219 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties
Patna High Court CR. MISC. No.1466 of 2024(2) dt.31-01-2024 3/3 of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) lekhi/- U T