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Patna High Court

Wasiullah @ Md. Washiullah @ Washiullah Quraishi @ Osiullah Kuraishi @ Md. OsiullahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Considering the nature of the accusation and the period of custody, the court held that regular bail should be granted to the petitioner.

Summary

The petitioner, Wasiullah, applied for regular bail in a case registered under Sections 317(2) and 317(4) of the Bharatiya Nyaya Sanhita and Section 11(1)(d)(b) of the Prevention of Cruelty to Animals Act, alleging that 18 buffaloes found in his vehicle were being transported by a driver on a rental basis without his knowledge. The prosecution contended that the buffaloes were recovered from the petitioner's pickup, implicating him in the offences. The petitioner maintained his innocence, stating he had no control over the vehicle at the time of the alleged offence and had been in custody since 20 January 2026 with a charge‑sheet already filed. The State opposed the bail application, arguing the seriousness of the charges. The court, after considering the nature of the accusation and the length of custody, allowed the bail application, directing the petitioner to be released upon furnishing a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner in offences under Sections 317(2), 317(4) of the Bharatiya Nyaya Sanhita and Section 11(1)(d)(b) of the Prevention of Cruelty to Animals Act.

Legislation cited

Subjects

  • bail
  • regular bail
  • criminal procedure
  • animal cruelty
  • theft of livestock
  • Bharatiya Nyaya Sanhita
  • Prevention of Cruelty to Animals Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24083 of 2026
                  Arising Out of PS. Case No.-35 Year-2025 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Wasiullah @ Md. Washiullah @ Washiullah Quraishi @ Osiullah Kuraishi @
                 Md. Osiullah S/o Md. Sahid R/V Ward No. 14, Kasab Tola, P.S. - Sugauli,
                 Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Eashita Raj, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Chhatauni P. S. Case No. 35 of 2025 registered for the offences

                   punishable under Sections 317(2), 317(4) of the Bharatiya

                   Nyaya Sanhita and Sections 11(1)(d)(b) of the Prevention of

                   Cruelty to Animals Act.

                                3. As per prosecution case, 18 buffaloes were

                   recovered from the pick-up can of this petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   had given the vehicle in question to the driver on a monthly

                   rental basis and the buffaloes were being transported in this
              Patna High Court CR. MISC. No.24083 of 2026(2) dt.06-05-2026
                                                          2/2




                        vehicle without his knowledge or consent. Petitioner is in

                        custody since 20.01.2026 and charge-sheet has already been

                        submitted.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation and period of

                        custody, this bail application is allowed. The petitioner, above

                        named, is directed to 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 Chief Judicial

                        Magistrate, East Champaran, Motihari in connection with

                        Chhatauni P. S. Case No. 35 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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