Abashuddin Mandal @ Md. Abashuddin Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84371 of 2023 Arising Out of PS. Case No.-408 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== 1.
Abashuddin Mandal @ Md. Abashuddin Mandal S/O Rohidul Islam @ Md. Rohidul Islam R/O Village- Tengra, P.S- Ashok Nagar, Distt.- North 24 Pargana (W.B.).
2.
Sarfaraj @ Chhotu @ Md. Sarfaraj S/O Md. Arif Sheikh R/O VillageGaneshpur, P.S- Marona, Distt.- Supaol. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 272, 273, 429, 414 and 34 of the Indian Penal Code and Section 11(1)(L) of Prevention of Cruelty to Animal Act.
3. As per prosecution case, both the petitioners were apprehended on the spot with a Truck bearing Registration No. WB25 K6449, which was found loaded with about 3700 kg. of Cow and buffalo beef which was being taken to Kolkata.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.84371 of 2023(2) dt.08-01-2024 2/2 committed no offence. They have been falsely implicated in this case. They are neither the driver nor the owner of the alleged truck. It is further submitted that all sections are bailable save and except Section 414 of I.P.C. which is not made out in this case. The owner of truck is Sahanaz Bibi, wife of Mehedi Hasan. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Petitioners are languishing in judicial custody since 08.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Jamui in connection with Laxmipur P.S. Case No.408 of 2023. (Sunil Kumar Panwar, J) lata/- U T