Patna High Court
Washim AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail, subject to bond and conditions, as he has made out a prima facie case for release.
Summary
The petitioner, Washim Akhtar, was arrested as the driver of a vehicle transporting six oxen that were seized by police for being moved in a cruel manner, alleged under Section 317(5) of the BNS and Sections 11(1)(a), (d), (f), (h) of the Prevention of Cruelty to Animals Act. He claimed innocence, stating he was merely the driver and that the vehicle's owner, who had already been granted bail, owned the animals. The State opposed his request for pre‑arrest bail. The Court, after reviewing the FIR and noting the petitioner’s limited role and the owner’s bail, found a prima facie case for bail. Accordingly, the Court ordered his release on pre‑arrest bail subject to a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the BNSS, directing the District Court to verify any prior criminal record.
Issues considered
- Whether the petitioner, as merely the driver, is entitled to pre‑arrest bail in a case involving cruelty to animals and offences under the BNS.
- Whether the prior bail granted to the vehicle owner influences the petitioner’s bail application.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Bihar Negotiable Sale of Securities Act (BNSS) — s. 482(2)
- Prevention of Cruelty to Animals Act — s. 11(1)(a), 11(1)(d), 11(1)(f), 11(1)(h)
Subjects
- pre‑arrest bail
- cruelty to animals
- driver liability
- Section 317 BNS
- Section 11 Prevention of Cruelty to Animals Act
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30360 of 2026
Arising Out of PS. Case No.-355 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Washim Akhtar S/o Md. Yejal Resident Of Village - Shankar Saraiya, Tola,
Tansariya, Ps. - Turkauliya, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan Prasad, Advocate
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard Mr. Rajeev Ranjan Prasad, learned counsel
appearing on behalf of the petitioner and Mr. Bharat Lal, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Lauriya P.S. Case No. 355 of 2025 registered for the
offence(s) punishable under Sections 317(5) of the BNS and
Sections 11(1)(a),11(1)(d),(f),(H) of the Prevention of cruelty to
Animals Act.
3. The prosecution story, in brief, is that six oxen,
along with a vehicle bearing registration no. BR05GC-6605,
were seized by police officials while being transported in a cruel
and inhuman manner.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has been
Patna High Court CR. MISC. No.30360 of 2026(2) dt.13-05-2026
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falsely implicated in the present case. It is further submitted that
the petitioner was merely the driver of the said vehicle, and the
animals were the purchased property of the owner of the
vehicle. However, due to non-fulfilment of the illegal
gratification demanded, the vehicle and the animals were seized
and the present case was instituted. It is also submitted that the
owner of the vehicle has already been granted bail by the
learned District Court. On these grounds, the petitioner seeks to
be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that petitioner is merely the driver
of the said vehicle and owner of the said vehicle has already
been released on bail by the learned District Court, I am of the
opinion that petitioner has, prima facie, made out a case to be
released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.30360 of 2026(2) dt.13-05-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-I,
Bettiah, West Champaran / Concerned Court in connection with
Lauriya P.S. Case No. 355 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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