Mahadev Yadav v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77376 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- INARWA District- West Champaran ====================================================== Mahadev yadav Son of Thakur yadav Resident of Village- Bajara Bairiya, Ward No. 12,P.S.- Sahodara, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ravi Kumar, Advocate For the State :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2024 Heard learned counsels for the parties.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 414 and 34 of the Indian Penal Code and Sections 11(1)(a), 11(1)(d), 11(1)(e) and 11(1) (f) of the Prevention of Cruelty to Animals Act.
3. As per prosecution case, this petitioner, along with 5-6 unknown persons, is alleged to be involved in taking cattles to Nepal through Jhajhari Don Canal. It is further alleged that upon chase, this petitioner fled away and the police recovered 6 buffaloes, 4 big buffalo calves and 7 small buffalo calves.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case merely on account of criminal antecedents. Petitioner was not present at the place of recovery and has got no concern with
Patna High Court CR. MISC. No.77376 of 2024(2) dt.20-12-2024 2/2 the alleged occurrence. Petitioner is in custody since 15.07.2024. Moreover, charge-sheet has already been submitted.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner has got six criminal antecedents of similar nature.
6. Considering the aforesaid facts and circumstances of the case, rival submissions, nature of accusation and period of custody, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bettiah, West Champaran, in connection with Inarwa P.S. Case No. 76 of 2023.
(Prabhat Kumar Singh, J) shashank/- U T