Allowed

Rajiv Kumar v. the State of Bihar

Patna HC5 Mar 2019CR. MISC./12279/2019

Case brief

AI extract

What is this about?

The Patna High Court granted an order for the petitioner in an anticipatory bail application connected with a case involving illegal transport and cruelty to animals. The court conditioned bail on the petitioner appearing for investigation within two weeks and cooperating, redeemable upon surrender within four weeks.

What did the court decide?

Bail enlarged on surrender within four weeks with bond of Rs. 15,000 and two sureties of equal amount, conditionally joined to investigation.

Rajiv Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12279 of 2019

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Arising Out of PS. Case No.-317 Year-2018 Thana- SULTANGANJ District- Patna

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======================================================

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RAJIV KUMAR, Son of Jagdev Singh, Resident of Village - Sonawan, P.S. - Didarganj, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 05-03-2019

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No one appears for the petitioner. Learned APP for

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the State is present.

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Petitioner is seeking anticipatory bail in connection with Sultanganj P.S. Case No. 317 of 2018 registered for the offences punishable under Sections 279, 379, 411, 428 and 429 of the Indian Penal Code, Section ¾ of the Bihar Preservation and Improvement of Animals Act, 1955 and Sections 11(1), D, E and F/30(1) of the Prevention of Cruelty to Animals Act, 1960.

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It appears on perusal of the records that when the police party was patrolling in the night hours on 15.11.2018 they intercepted some pick-up vans which were transporting some animals. It is alleged that the pick-up vans were overloaded and the animals were being treated cruelly which has, in fact, led to

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Patna High Court CR. MISC. No.12279 of 2019(2) dt.05-03-2019 2/3

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death of two cows in one of the pick-up vans bearing Reg. No.BR01GG-0265. Under the apprehension that the vehicles were involved in illegaly transporting the animals, the police party registered the case in question.

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From the records, it appears that the petitioner is claiming himself to be the owner of the vehicle bearing Reg.No.BR-01GE-6235 which is said to be plying on record as commercial vehicle. The contention of the petitioner is that the petitioner is only owner of the vehicle and has no concern with the business of selling cow and buffalo.

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Learned APP for the State is present and has opposed the prayer for bail.

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In the given facts and circumstances where it appears from the records that the petitioner is only owner of the vehicle which is a commercial vehicle and is said to be involved in transportation, but has no concern with the business of selling cow and buffalo, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned A.C.J.M., Patna City in connection with Sultanganj P.S. Case No. 317 of

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Patna High Court CR. MISC. No.12279 of 2019(2) dt.05-03-2019 3/3

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2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

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(Rajeev Ranjan Prasad, J)

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arvind/-

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U T

Rajiv Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rajiv Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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