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Patna High Court

Md. AshifversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Md. Ashif, sought anticipatory bail fearing arrest in a case (Bihta P.S. Case No. 389 of 2024) involving alleged offences under several sections of the Indian Penal Code, the Animal Cruelty Act and the Punjab Cow Killing Prohibition Act, relating to illegal animal trafficking and cruelty. The prosecution alleged that the petitioner owned a truck used to smuggle stolen cattle. The High Court examined whether the seriousness of the offences warranted denial of anticipatory bail. Considering the gravity and nature of the alleged crimes, the Court declined to grant anticipatory bail. The petitioner was ordered to surrender within two weeks to obtain regular bail, failing which he would be arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC, Animal Cruelty Act and Punjab Cow Killing Prohibition Act

Legislation cited

Subjects

  • anticipatory bail
  • animal cruelty
  • illegal trafficking
  • IPC
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12938 of 2025
                         Arising Out of PS. Case No.-389 Year-2024 Thana- BIHTA District- Patna
                 ======================================================
                 Md. Ashif S/o- Meharaban @ Meharban R/o - Sath Road Lane, Polari, palari,
                 P.S. - Polari, Palari, Distt- Muzaffarnagar,U.P

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar Jha
                 For the Opposite Party/s :       Mr. Jagdhar Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Bihta P.S. Case No. 389 of 2024 registered for offences under

                   Sections 279, 307, 379, 413, 414, 120B/34 of the Indian Penal

                   Code, Section 11 of the Animal Cruelty Act and under Sections

                   ¾ of the Punjab Cow Killing Prohibition Act.

                                3. As per the prosecution case, the petitioner is

                   alleged to have been involved in the illegal trafficking of stolen

                   animals and in treating animals with cruelty. The petitioner is

                   the owner of the said truck in which the cattle were being

                   smuggled.

                                4. Considering the nature and gravity of the offence,

                   this Court is not inclined to grant the privilege of anticipatory
            Patna High Court CR. MISC. No.12938 of 2025(5) dt.19-02-2026
                                                        2/2




                      bail to the petitioner in the present case.

                                   5. Accordingly, the application for anticipatory bail is

                      hereby rejected.

                                   6. The petitioner is directed to surrender in the court

                      below within a period of two weeks from today and seek regular

                      bail, failing which the Senior Superintendent of Police, Patna

                      will take all steps for the arrest of the petitioner.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.

                                   8. Let a copy of this order be communicated to the

                      Senior Superintendent of Police, Patna through FAX for its

                      compliance forthwith.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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