Created by Fuzzy Cloud

Patna High Court

Washim AkhtarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.