Justice Pandey directed the petitioner to remove filing defects within a month and subsequently ordered pre-arrest bail upon furnishing of bonds and sureties, subject to statutory conditions under CrPC 438(2).
Directed removal of defects within one month; granted bail on Rs. 10,000 bond with two sureties of Rs. 10,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4021 of 2022
Arising Out of PS. Case No.-136 Year-2021 Thana- AMAS District- Gaya
======================================================
AMIR KHAN Son of Raja Khan @ Sarvar Ali Khan @ Md. Sarwar Ali Resident of Village - Hamzapur, P.S.- Amas, Dist.- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar For the Opposite Party/s : Mr.Shailendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 17-08-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as Mr. Shailendra Kumar, the learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Amas P.S. Case No. 136/2021 registered for offence punishable under sections 420, 428, 429, 414, 120B/34 of the Indian Penal Code, sections 3, 4, 11 (a) (d) (h) (k) of Prevention of Cruelty to Animals Act, 1960 and section 4 of the Bihar Preservation And Improvement of Animals Act, 1955.Thereafter, requisition for addition of sections 413, 153(A) and 295 of the Indian Penal
Patna High Court CR. MISC. No.4021 of 2022(2) dt.17-08-2022 2/3
Code was allowed on 18.06.2021.
As per allegation, the police received confidential information that two groups of different community are fighting for keeping cattle. The informant went to the place of occurrence and seized the container loaded with 46 cattle. The local people disclosed that the named accused persons, including the petitioner, are involved in illegal smuggling of cattle to West Bengal.
The learned counsel for the petitioner has submitted that the petitioner is neither owner nor driver of the container wherefrom the cattle were seized. He has also submitted that three other accused persons have been granted anticipatory bail by the coordinate Bench of this Court. He has submitted further that in respect of paragraph 3 of the bail petition, he has filed supplementary affidavit, mentioning that there is one case pending against the petitioner, but that is not of the similar nature of the present case.
Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.4021 of 2022(2) dt.17-08-2022 3/3
learned Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Amas P.S. Case No. 136/2021, subject to condition as laid down under section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
Mahesh/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner facing charges of cattle smuggling, cruelty to animals, and cheating?
4 provisions across 4 enactments
Amir Khan
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Nawneet Kumar Pandey
Parties & counsel
