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Gauri Ganesh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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Patna HC
2025
Gauri Ganesh Vs The State of BiharGauri Ganesh v. The State of Bihar

Allowed¶25

Gauri Ganesh v. The State of Bihar

Patna HC18 Apr 2025CR. MISC./17929/2025

Case brief

AI extract

What is this about?

Patna HC CR. MISC. No.17929 of 2025; decided 18-04-2025; Justice S. B. Pd. Singh; anticipatory bail granted to Gauri Ganesh (registered owner of pick-up UP-45AT-8249 from which two cattle were recovered; driver apprehended on spot) in Mairwa P.S. Case No.491 of 2024, District Siwan; Sections 317(2) BNS; Sections 11(1)(a)-(d) Animal Cruelty Act 1960; section 438(2) Cr.P.C.; bail bond Rs. 10,000 with two like sureties before ASJ III Siwan; surrender within four weeks.

What did the court decide?

Anticipatory bail granted: petitioner to surrender before the Court below within four weeks; on arrest or surrender in Mairwa P.S. Case No.491 of 2024, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of Additional Sessions Judge III, Civil Court, Siwan, subject to conditions under section 438(2) Cr.P.C.

Why is it important?

Having heard both sides and considering the facts and circumstances, this Court is inclined to enlarge the petitioner on bail and directs him to surrender before the Court below within four weeks of receipt of the order. ¶23

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the Court below within four weeks; on arrest or surrender in Mairwa P.S. Case No.491 of 2024, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of Additional Sessions Judge III, Civil Court, Siwan, subject to conditions under section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in Mairwa P.S. Case No.491 of 2024 (District Siwan) instituted for offences punishable under Sections 317(2) BNS and 11(1)(a)-(d) Animal Cruelty Act, 1960, should be enlarged on anticipatory bail.

Court's answer

Having heard both sides and considering the facts and circumstances, this Court is inclined to enlarge the petitioner on bail and directs him to surrender before the Court below within four weeks of receipt of the order.

Ratio / Principle

In the event of his arrest or surrender in connection with Mairwa P.S. Case No.491 of 2024, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge III, Civil Court, Siwan, subject to the conditions laid down under section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, 18-04-2025, Justice S. B. Pd. Singh) to Gauri Ganesh, apprehending arrest in FIR Mairwa P.S. Case No.491 of 2024, District Siwan, instituted under Sections 317(2) BNS and 11(1)(a)-(d) Animal Cruelty Act, 1960, after two cattle were recovered from pick-up UP-45AT-8249 of which he is the registered owner; petitioner directed to surrender within four weeks; on arrest/surrender to be enlarged on bail on a bond of Rs. 10,000/- with two like sureties before Additional Sessions Judge III, Civil Court, Siwan, subject to section 438(2) Cr.P.C. conditions.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17929 of 2025

Arising Out of PS. Case No.-491 Year-2024 Thana- MAIRWAN District- Siwan

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

Gauri Ganesh S/O Bhikhu R/O Village- Daulatpur, P.S- Tarauli, Distt.Azamgarh

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shyamli Kumari, Adv. For the Opposite Party/s : Mr. Nand Kumar, adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 18-04-2025

Heard learned counsel for the petitioner and

learned APP for the State.

The instant application for anticipatory bail has

been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 317(2) of BNS and Section 11, 11(1)(a), 11(1)(b), 11(1)(c), 11(1)(d) of Animal Cruelty Act, 1960.

As per allegation, in the F.I.R. while the

informant, being a police official, was checking vehicle, in the meantime, a pick-up bearing Reg. No. UP-45AT-8249 was

intercepted and during its search two cattle were recovered. Driver of the vehicle was apprehended on spot. Petitioner is

Patna High Court CR. MISC. No.17929 of 2025(2) dt.18-04-2025 2/3

registered owner of the said vehicle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. He has been dragged in this case merely because he is the registered owner of the vehicle in question. He has no knowledge about loading of the cattle on his vehicle. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P. for the State has vehemently opposed the prayer of bail.

Having heard learned counsel for the parties and

in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the receipt of order and in the event of his arrest or surrender in connection with Mairwa P.S. Case no. 491 of 2024, they will be enlarged on bail on

Patna High Court CR. MISC. No.17929 of 2025(2) dt.18-04-2025 3/3

furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Civil Court, Siwan, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J)

Sushma/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, apprehending arrest in Mairwa P.S. Case No.491 of 2024 (District Siwan) instituted for offences punishable under Sections 317(2) BNS and 11(1)(a)-(d) Animal Cruelty Act, 1960, should be enlarged on anticipatory bail.¶14
The court held
Having heard both sides and considering the facts and circumstances, this Court is inclined to enlarge the petitioner on bail and directs him to surrender before the Court below within four weeks of receipt of the order.ratio¶23

Statutes considered

3 provisions across 3 enactments

AI extract

Bharatiya Nyaya Sanhita, 2023 (BNS)317(2)¶14
Animal Cruelty Act, 1960 (Prevention of Cruelty to Animals Act, 1960)11, 11(1)(a), 11(1)(b), 11(1)(c), 11(1)(d)¶14
Code of Criminal Procedure, 1973 (Cr.P.C.)438(2)¶25

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR lodged (Mairwa P.S. Case No.491 of 2024, Thana Mairwan, District Siwan) for offences under Sections 317(2) BNS and 11(1)(a)-(d) Animal Cruelty Act, 1960; petitioner, apprehending arrest, filed the present anticipatory bail application.¶14
Prior proceeding
Allegation in FIR: while the informant (a police official) was checking vehicles, a pick-up bearing Reg. No. UP-45AT-8249 was intercepted; two cattle were recovered in its search; the driver was apprehended on the spot.¶17
Prior proceeding
Petitioner identified as the registered owner of the intercepted vehicle.¶19
Prior proceeding
Counsel submitted petitioner was neither apprehended on spot nor was anything incriminating recovered from his conscious possession; he was implicated only as registered owner and claims no criminal antecedent (para 3 of petition).¶20

Parties & counsel

AI extract

petitioner
Gauri Ganesh¶4
Shyamli Kumari
respondent
The State of Bihar¶7
Nand Kumar

Coram

AI extract

S. B. Pd. Singhauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 18 Apr 2025 · April
Registered: 17 Mar 2025
Case no.: CR. MISC./17929/2025
CNR: BRHC010198442025
Topic: Anticipatory Bail
Bench: S. B. P. Singh
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous (CR. MISC.)

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Cite this judgement

Gauri Ganesh v. The State of Bihar, CR. MISC./17929/2025 (PAT), decided on 18 April 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Bharatiya Nyaya Sanhita, 2023 (BNS)317(2)
Animal Cruelty Act, 1960 (Prevention of Cruelty to Animals Act, 1960)11, 11(1)(a), 11(1)(b), 11(1)(c), 11(1)(d)
Code of Criminal Procedure, 1973 (Cr.P.C.)438(2)

View all statutes

Procedural history4

FIR lodged (Mairwa P.S. Case No.491 of 2024, Thana Mairwan, District Siwan) for offences under Sections 317(2) BNS and 11(1)(a)-(d) Animal Cruelty Act, 1960; petitioner, apprehending arrest, filed the present anticipatory bail application.
Allegation in FIR: while the informant (a police official) was checking vehicles, a pick-up bearing Reg. No. UP-45AT-8249 was intercepted; two cattle were recovered in its search; the driver was apprehended on the spot.

View full history

Bench / Coram

S. B. Pd. Singh

Parties & counsel