Patna High Court
Babloo Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 223, 303(2), 316(2), 316(5), 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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.
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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
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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,
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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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