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Patna High CourtCR. MISC./90702/2025bail granted

Surendra Yadav v. The State Of Bihar

2026-01-15Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90702 of 2025 Arising Out of PS. Case No.-446 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== 1.

Surendra Yadav S/o Naresh Yadav R/o Village- Uttari Telua Panchabhaiya Tola ( Utari Telhuaa Panchbahiya), Police station- Nautan, District- West Champaran 2.

Ramesh Yadav S/o Bodh Yadav R/o Village- Uttari Telua Panchabhaiya Tola ( Utari Telhuaa Panchbahiya) , Police station- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-01-2026 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Nautan P.S. Case No. 446 of 2025 for the offence registered under sections 317(3) of the BNS and 11(1)(a), 11(1) (d), 11(1)(f), 11(1)(k) of the Animal Cruelty Act lodged on 04.09.2025 by the informant Vivek Kumar.

3. As per the prosecution story, the informant alleged that on information that the buffaloes are being smuggled, interception took place, Ali Ahmad and Md. Salman were apprehended and they gave the names of the other accused who wanted it to transfer to Nepal. This led to the FIR.

Patna High Court CR. MISC. No.90702 of 2025(2) dt.15-01-2026 2/3

4. Learned Counsel for the petitioners submit that recovery/seizure is from Ali Ahmad and Md. Salman, only on the confession, they have been named.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that petitioner no. 1 has criminal antecedent.

6. Considering the submissions of the parties as also that allegation of recovery/seizure, as recorded above, is against Ali Ahmad and Md. Salman, FIR is there, the petitioners shall be facing the trial, in that background, this Court is inclined to grant them the anticipatory bail with conditions.

7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Bettiah, District-West Champaran in connection with Nautan P.S. Case No. 446 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official

Patna High Court CR. MISC. No.90702 of 2025(2) dt.15-01-2026 3/3 document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;

(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;

(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T