Patna High Court
Md. AshifversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Animal Cruelty Act — s. 11
- Indian Penal Code — s. 120B, 279, 307, 34, 379, 413, 414
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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