Patna High Court
Md. Kalam @ KalamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to petitioners 1, 2, 5 and 6 subject to conditions, and dismissed the withdrawn applications of petitioners 3 and 4.
Summary
Six brothers from Danapur were implicated in a case alleging theft of cattle and assault on a complainant, Rakesh, under sections of the B.N.S.S and the Prevention of Cruelty to Animals Act, 1960. Petitioners numbered 3 and 4 withdrew their anticipatory bail applications, while petitioners 1, 2, 5 and 6 sought anticipatory bail, claiming false implication and that the allegations were vague and omnibus. The State opposed the bail. The Court examined the FIR, the nature of the allegations, and the petitioners' claims of being wrongly implicated. It granted anticipatory bail to petitioners 1, 2, 5 and 6, subject to bail bonds and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S, and dismissed the withdrawn applications of petitioners 3 and 4.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1, 2, 5 and 6 despite the FIR alleging theft of cattle and assault.
- Whether the allegations in the FIR are sufficiently specific to deny anticipatory bail.
- Whether the petitioners have been falsely implicated.
Legislation cited
- B.N.S.S. — s. 317(5), 325, 3(5), 482(2)
- Criminal Procedure Code — s. 438(2)
- Prevention of Cruelty to Animals Act, 1960 — s. 11, 12, 13
Subjects
- anticipatory bail
- cattle theft
- assault
- false implication
- animal cruelty
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37892 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- DANAPUR District- Patna
======================================================
1. Md. Kalam @ Kalam Son of Late Harun Quraisi Resident of Mohalla - Lal
Kothi Near Kurban Ke Masjid, Ward No. 13, Police Station Dananpur,
District-Patna
2. Md. Samsad @ Md. Shamsad @ Gope Son of Annu Quaraisi Resident of
Mohalla - Lal Kothi Near Kurban Ke Masjid, Ward No. 13, Police Station
Dananpur, District-Patna
3. Md. Sahil Son of Md. Kalam @ Kalam Resident of Mohalla - Lal Kothi
Near Kurban Ke Masjid, Ward No. 13, Police Station Dananpur, District-
Patna
4. Md. Akbar Son of Md. Kalam @ Kalam Resident of Mohalla - Lal Kothi
Near Kurban Ke Masjid, Ward No. 13, Police Station Dananpur, District-
Patna
5. Md. Javed @ Md. Jawed Son of Md. Kalam @ Kalam Resident of Mohalla -
Lal Kothi Near Kurban Ke Masjid, Ward No. 13, Police Station Dananpur,
District-Patna
6. Pravej @ Pervej Son of Md. Kalam @ Kalam Resident of Mohalla - Lal
Kothi Near Kurban Ke Masjid, Ward No. 13, Police Station Dananpur,
District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
Mr. Md. Anwar, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners, after some
arguments, seeks permission to withdraw the anticipatory bail
application with respect to petitioners no. 3 and 4, namely, Md.
Sahil and Md. Akbar.
Patna High Court CR. MISC. No.37892 of 2026(2) dt.23-06-2026
2/4
3. Permission is accorded.
4. Accordingly, the anticipatory bail application with
respect to petitioners no. 3 and 4 is dismissed as withdrawn.
5. The petitioners no. 1, 2, 5 and 6 apprehend their
arrest in a case registered for the offences punishable under
Sections 317(5), 325 and 3(5) of the BNS as well as Sections 11,
12 and 13 of the Prevention of Cruelty to Animal Act, 1960.
6. Learned counsel for the petitioners submits that
petitioners no. 1, 2, 5 and 6 have antecedent of one case and the
informant alleges that Rakesh came to the police station on
24.01.2026 at 02:00 p.m. and gave a written complaint alleging
that three cows were stolen from his cowshed on 22.01.2026,
accordingly, Rakesh went to the butchers area on 24.01.2026
where seven named accused persons including the petitioners
assaulted him by Daab and Chapar, hence, Danapur P.S. Case
No. 87 of 2026 dated 24.01.2026 was instituted on written
complaint of Rakesh, accordingly, the informant along with
police force reached the place of occurrence to investigate on
24.01.2026 and saw the situation tensed, hence, the informant
went to the house of the accused persons of Danapur P.S. Case
No. 87 of 2026 but they were not present and people disclosed
that they commit theft of animal and sell meat after killing them,
Patna High Court CR. MISC. No.37892 of 2026(2) dt.23-06-2026
3/4
accordingly, search was made and calves were recovered from
the shop of Md. Firoz and Md. Kalam as detailed in the FIR and
from shop of Gope a cow was recovered, hence, the FIR was
instituted.
7. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
allegation of assault is general and omnibus in nature. It is next
submitted that though, it is alleged that calves and a cow were
recovered from the shop of Md. Firoz and Md. Kalam along
with Gope but then Md. Firoz and Gope are not the petitioners
in the instant case and Md. Kalam is a senior citizen aged about
60 years and is a differently abled person and he came to be
implicated with general and omnibus allegation when even the
shop does not belong to him.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners no. 1, 2, 5 and 6 .
9. After hearing the learned counsel for the parties, let
the petitioners no. 1, 2, 5 and 6 , above-named, in the event of
their arrest or surrender within a period of six weeks from today,
be released on anticipatory bail on furnishing bail bonds of
Patna High Court CR. MISC. No.37892 of 2026(2) dt.23-06-2026
4/4
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/Successor Court in connection
with Danapur P.S. Case No. 91 of 2026, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.