Patna High Court
Wasiullah @ Md. Washiullah @ Washiullah Quraishi @ Osiullah Kuraishi @ Md. OsiullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 317(2), 317(4)
- Prevention of Cruelty to Animals Act — s. 11(1)(d)(b)
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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