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Patna High Court

Md. Muktar SekhversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to pre‑arrest bail subject to payment of the fine under Section 11 of the Prevention of Cruelty to Animals Act and furnishing the required bond.

Summary

The petitioners, Md. Muktar Sekh and Rocky Sk, feared arrest in connection with a case where 55 cows were seized and they were charged under sections 303(2), 317(5), 317(2), 3(5) of the BNS and sections 11(a), (d), (e), (f) of the Prevention of Cruelty to Animals Act, 1960. They argued that they were ready to deposit the fine prescribed under Section 11 of the Animals Act and sought pre‑arrest bail. The State opposed the bail. The court noted that the first petitioner owned the cattle and the second was the driver, and that the fine could be paid before the trial. Applying Section 438(2) of the CrPC and the provisions of Section 11, the court granted pre‑arrest bail on condition of a Rs.10,000 bond with two sureties and payment of the fine within four weeks. The order directed the petitioners to be released on bail pending further proceedings.

Issues considered

  • Whether pre‑arrest bail can be granted in offences under the Prevention of Cruelty to Animals Act, 1960 and the BNS.
  • Whether the fine prescribed under Section 11 of the Prevention of Cruelty to Animals Act can be deposited in lieu of custody.
  • Whether the conditions under Section 438(2) CrPC and Section 482(2) of the BNS are satisfied for granting bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • animal cruelty
  • Prevention of Cruelty to Animals Act
  • Section 11 fine
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • seizure of cattle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10013 of 2026
                         Arising Out of PS. Case No.-115 Year-2025 Thana- Salmari District- Katihar
                 ======================================================
           1.     Md. Muktar Sekh Son of Afrej Sekh Resident of Hazi Sam Mohammad
                  Para, P.O.- Sultanganj, P.S.- Kaliachak, District- Malda, West Bengal
           2.    Rocky Sk. Son of Asidur Sakh Resident of Mohobbatpur, Dakshi, P.O.-
                 Debipur, P.S.- Kaliachak, District- Malda, West Bengal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :       Mr. N. K. Agrawal, Sr. Advocate
                                                    Mr.Amritanshu Dangi, Advocate
                                                    Mr. Kumar Rajdeep, Advocate
                                                    Mr. Md. Aatof Iqbal, Advocate
                 For the Opposite Party/s :         Mr.Ajit Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   27-04-2026                          Heard learned Senior Counsel appearing on behalf

                   of the petitioners and learned APP appearing on behalf of the

                   State.

                                 2. The petitioners apprehend their arrest in connection

                   with Salmari P.S. Case No. 115 of 2025 registered under

                   Sections 303(2), 317(5), 317(2), 3(5) of the BNS and Sections

                   11(a)(d)(e)(f) of the Prevention of Cruelty to Animals Act, 1960.

                                 3. The prosecution story, in brief, is that 55 cows were

                   seized along with truck bearing registration no. WB830600 by

                   an officer in-charge of Salmari Police Station.

                                 4. Learned Senior Counsel appearing on behalf of the
Patna High Court CR. MISC. No.10013 of 2026(3) dt.27-04-2026
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          petitioners submits that in terms of provision contained under

          Section 11 of the Prevention of Cruelty to Animals Act, 1960,

          petitioners are ready to deposit the fine before the Court below.

          Section 11 of the Animals Act, 1960 is reproduced hereunder:

                       11. Treating animals cruelly.―(1) If any person―

                                  “(a) beats, kicks, over-rides, over-drives, over-loads,
                          tortures or otherwise treats any animal so as to subject it to
                          unnecessary pain or suffering or causes or, being the owner
                          permits, any animal to be so treated; or
                                  (b) 1[employs in any work or labour or for any purpose
                          any animal which, by reason of its age or any disease], infirmity,
                          wound, sore or other cause, is unfit to be so employed or, being
                          the owner, permits any such unfit animal to be so employed;
                                  (c) willfully and unreasonably administers any injurious
                          drug or injurious substance to 2[any animal] or wilfully and
                          unreasonably causes or attempts to cause any such drug or
                          substance to be taken by 2[any animal]; or
                                  (d) conveys or carries, whether in or upon any vehicle or
                          not, any animal in such a manner or position as to subject it to
                          unnecessary pain or suffering; or
                                  (e) keeps or confines any animal in any cage or other
                          receptacle which does not measure sufficiently in height, length
                          and breadth to permit the animal a reasonable opportunity for
                          movement; or
                                  (f) keeps for an unreasonable time any animal chained or
                          tethered upon an unreasonably short or unreasonably heavy
                          chain or cord; or
                                  (g) being the owner, neglects to exercise or cause to be
                          exercised reasonably any dog habitually chained up or kept in
                          close confinement; or
                                  (h) being the owner of 3[any animal] fails to provide
                          such animal with sufficient food, drink or shelter; or
                                  (i) without reasonable cause, abandons any animal in
                          circumstances which render it likely that it will suffer pain by
                          reason of starvation or thirst; or
                                  (j) wilfully permits any animal, of which he is the owner,
                          to go at large in any street while the animal is affected with
                          contagious or infectious disease or, without reasonable excuse
                          permits any diseased or disabled animal, of which he is the
                          owner, to die in any street; or
                                  (k) offers for sale or, without reasonable cause, has in his
                          possession any animal which is suffering pain by reason of
                          mutilation, starvation, thirst, overcrowding or other ill-treatment;
                          or
Patna High Court CR. MISC. No.10013 of 2026(3) dt.27-04-2026
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                                  (l) multilates any animal or kills any animal (including
                          stray dogs) by using the method of strychnine injections in the
                          heart or in any other unnecessarily cruel manner; or]
                                  (m) solely with a view to providing entertainment—
                                           (i) confines or causes to be confined any animal
                                           (including tying of an animal as a bait in a tiger
                                           or other sanctuary) so as to make it an object of
                                           prey for any other animal; or
                                           (ii) incites any animal to fight or bait any other
                                           animal; or]

                                  (n) organises, keeps, uses or acts in the management of,
                          any place for animal fighting or for the purpose of baiting any
                          animal or permits or offers any place to be so used or receives
                          money for the admission of any other person to any place kept or
                          used for any such purposes; or
                                  (o) promotes or takes part in any shooting match or
                          competition wherein animals are released from captivity for the
                          purpose of such shooting;

                          he shall be punishable, 4[in the case of a first offence, with fine
                          which shall not be less than•• ten rupees but which may extend to
                          fifty rupees and in the case of a second or subsequent offence
                          committed within three years of the previous offence, with fine
                          which shall not be less than twenty-five rupees
                          but which may extend to one hundred rupees or with
                          imprisonment for a term which may extend to three months, or
                          with both].
                                   (2) For the purposes of sub-section (1), an owner shall
                          be deemed to have committed an offence if he has failed to
                          exercise reasonable care and supervision with a view to the
                          prevention of such offence:
                                   Provided that where an owner is convicted of permitting
                          cruelty by reason only of having failed to exercise such care and
                          supervision, he shall not be liable to imprisonment without the
                          option of a fine.
                                   (3) Nothing in this section shall apply to―

                                  (a) the dehorning of cattle, or the castration or branding
                          or nose-roping of any animal, in the prescribed manner; or
                                  (b) the destruction of stray dogs in lethal chambers or
                          5[by such other methods as may beprescribed]; or
                                  (c) the extermination or destruction of any animal under
                          the authority of any law for the time being in force; or
                                  (d) any matter dealt with in Chapter IV; or
                                  (e) the commission or omission of any act in the course
                          of the destruction or the preparation for destruction of any
                          animal as food for mankind unless such destruction or
                          preparation was accompanied by the infliction of unnecessary
                          pain or suffering.
Patna High Court CR. MISC. No.10013 of 2026(3) dt.27-04-2026
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                       5. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for grant of bail to the

          petitioners.

                       6. Considering the allegation made in the F.I.R., as

          well as, submissions made on behalf of the petitioners that the

          petitioners are ready to deposit the requisite fine before the

          learned District Court and also considering the fact that the

          petitioner no.1 has purchased 55 cattle from different persons

          through ten voucher on 03.08.2025 and loaded on truck.

          Petitioner no.1 is owner and the petitioner no.2 is the driver of

          the said truck respectively.

                       7. Considering the aforesaid facts and circumstances,

          the petitioners, above named, are directed to be released on pre-

          arrest bail, in the event of their arrest or surrender before the

          learned Court below within a period of four weeks from today,

          on furnishing bail bond of Rs. 10,000/- (Ten thousand) each

          with two sureties of the like amount each, to the satisfaction of

          learned C.J.M., Katihar in connection with Salmari P.S. Case

          No. 115 of 2025, subject to payment of requisite fine by the

          petitioners in terms of provision contained under Section 11

          of the Prevention of Cruelty to Animals Act, 1960 and the

          conditions as laid down under Section 438(2) of the
           Patna High Court CR. MISC. No.10013 of 2026(3) dt.27-04-2026
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                     Cr.P.C/482(2) of the BNSS.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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