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Patna High Court

Babloo Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to statutory conditions.

Summary

The petitioner, Babloo Kumar Singh, an employee of the Society for Prevention of Cruelty to Animals (SPCA) in Katihar, applied for anticipatory bail in connection with a FIR alleging multiple offences under the Bharatiya Nyaya Sanhita, 2023, including animal cruelty and related offences. The prosecution alleged that illegal cattle smuggling and cruelty occurred at the SPCA Gaushala, with a discrepancy in the number of cattle present. The petitioner argued that he was merely an employee, not involved in the alleged cruelty, and that any offence, if any, would be a first offence warranting only a fine. The Additional Public Prosecutor opposed the bail. The Court noted the absence of a specific allegation of assault against the petitioner, his lack of criminal antecedents, and the supervisory role of co‑accused Mehboob Alam, and therefore granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the FIR alleging multiple offences under the Bharatiya Nyaya Sanhita.
  • Whether the petitioner, as an employee of the SPCA, can be held liable for the alleged animal cruelty and smuggling offences.
  • Whether the absence of a specific allegation of assault against the petitioner warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • animal cruelty
  • cattle smuggling
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure
  • SPCA employee liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30830 of 2026
                    Arising Out of PS. Case No.-112 Year-2026 Thana- AAJAM NAGAR District- Katihar
                 ======================================================
                 Babloo Kumar Singh S/o Jay Ram Singh Resident of Village- Kushwaha
                 Tola, Bhains Diyara, P.S - Barari, District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saket Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

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

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Azamnagar P.S. Case No.112 of 2026, F.I.R

                   dated 14.03.2026 registered for the offences punishable under

                   Sections 316(2), 316(5), 318(4), 319(2), 338, 336(3), 340(2),

                   303(2), 61(2) and 223 of the Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, on 13.03.2026 at

                   about 10:00 P.M., the informant received secret information

                   regarding illegal smuggling of cattle and cruelty being inflicted

                   upon cattle kept in Jimmenama at the SPCA Gaushala. Upon

                   reaching the spot along with police personnel, it was found that

                   the cattle at the SPCA Gaushala were being subjected to cruelty

                   and several cattle entrusted under court orders were missing.
Patna High Court CR. MISC. No.30830 of 2026(2) dt.06-05-2026
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          The informant further found the main gate of the cowshed

          closed, with cattle tied outside at different places. On

          verification, only 115 cattle were found present against the

          recorded number of 270 cattle as per police station and court

          records.

                      4. Learned counsel for the petitioner submits that co-

          accused Mehboob Alam is the Chairman of the Society for

          Prevention of Cruelty to Animals (SPCA) and, therefore, the

          affairs of the said institution are under his control and

          supervision. It is further submitted that the petitioner was

          merely working as an employee in the said SPCA for earning

          his livelihood and had undertaken engagement at the said centre

          in that capacity alone. It has further been submitted that there is

          no allegation of subjecting animals to cruelty against the

          petitioner and, even assuming that any offence is made out, at

          best it would amount to a first offence for which only a minor

          punishment of fine is prescribed.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          there is no specific allegation of assault against the petitioner

          while the petitioner is merely an employee under the
Patna High Court CR. MISC. No.30830 of 2026(2) dt.06-05-2026
                                            3/4




          Chairmanship of co-accused, Mehboob Alam and the petitioner

          has no criminal antecedent. Accordingly, this Court is inclined

          to grant the privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, 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 the learned Chief Judicial Magistrate, Katihar, in

          connection with Azamnagar P.S. Case No.112 of 2026, subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit to show his/her bona fide;

                       (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her/their bail bond by the Trial Court itself;

                       (iii) the petitioner(s) shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
           Patna High Court CR. MISC. No.30830 of 2026(2) dt.06-05-2026
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                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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