Zaheer vs The State Of Bihar
2021 Latest Caselaw 2456 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.35473 of 2020
    Arising Out of PS. Case No.-354 Year-2019 Thana- KURSAKANTA District- Araria
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Zaheer, Male, aged about 60 years, Son Of Late Mutku, Resident of Village- Garaiya Lailokhar, Ward No. 12, P.S.- Kuari (Kursakanta), District-Araria.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the State : Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Gopal Kumar Jha, learned counsel for the

petitioner and Mr. Pawan Kumar Chaurasia, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Kursakanta (Kuari O.P.) PS Case No. 354 of 2019 dated

22.12.2019 corresponding to G.R. No. 4528 of 2019, instituted

under Sections 414 of the Indian Penal Code and 11 of the

Prevention of Cruelty to Animals Act, 1960.

4. The allegation against the petitioner is that 12 cattle

which were caught by the authorities, belonged to the petitioner, as Patna High Court CR. MISC. No.35473 of 2020 dt.21-06-2021

disclosed by the person who was caught bringing the same into

India from Nepal.

5. Learned counsel for the petitioner submitted that from

the FIR it is clear that the person caught had stated that he used to

make the cattle cross the border bringing it to the persons

concerned and that in the present case, the 12 cattle which were

caught belonged to the petitioner. It was further submitted that in

the FIR there is absolutely no mentioning with regard to the cattle

being stolen and further what cruelty was being meted to the cattle.

Moreover, it was submitted that it is the statement of the person

caught with the cattle before the police.

6. Learned APP submitted that the arrested person has

disclosed that the cattle belonged to the petitioner. However, he

could not controvert that in the FIR there is no allegation of any

concealment of any stolen property or description of any cruelty to

the cattle.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the Patna High Court CR. MISC. No.35473 of 2020 dt.21-06-2021

learned ACJM-V, Araria in Kursakanta (Kuwari O.P.) PS Case No.

354 of 2019 corresponding to G.R. No. 4528 of 2019, subject to

the conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further (i) that one of the bailors shall be a

close relative of the petitioner, and (ii) that the petitioner shall

cooperate with the Court and the police/prosecution. Failure to

cooperate shall lead to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T