Patna High Court
Shabuddin Dewan @ Shabuddin Sah @ Sahabodin Sah @ Sahabuddin ShahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted and the application was dismissed.
Summary
The petitioner, Shabuddin Dewan, applied for anticipatory bail fearing arrest in a case registered under Sections 317(5) and 111 of the Bharatiya Nyaya Sanhita, 2023 and Sections 11, 11(D)(E)(F)(L) of the Prevention of Cruelty to Animal Act, alleging involvement in unloading stolen cattle, one of which was recovered from his van. The court examined the nature and gravity of the alleged offences, particularly the theft of livestock and animal cruelty. Considering the seriousness of the charges, the court declined to grant anticipatory bail. The application for anticipatory bail was dismissed, but the petitioner was permitted to surrender within two weeks and seek regular bail. The court clarified that its observations were limited to the anticipatory bail application and would not prejudice later proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and the Prevention of Cruelty to Animal Act
- Whether the nature and gravity of the alleged cattle theft and animal cruelty offences justify denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 317(5)
- Prevention of Cruelty to Animal Act — s. 11, 11(D), 11(E), 11(F), 11(L)
Subjects
- anticipatory bail
- theft of cattle
- animal cruelty
- criminal procedure
- Bharatiya Nyaya Sanhita
- Prevention of Cruelty to Animal Act
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38577 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- GOPALPUR District- Gopalganj
======================================================
Shabuddin Dewan @ Shabuddin Sah @ Sahabodin Sah @ Sahabuddin Shah
Son of Shaukat Dewan @ Shaukat Shah Resident of Village- Ahirauli
Dubauli, Tola Takiya, P.S.- Gopalpur, District- Gopalganj, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Gopalpur P.S. Case No. 83 of 2026 registered for offences under
Section(s) 317(5) and 111 of the Bharatiya Nyaya Sanhita, 2023
and under Sections 11, 11(D)(E)(F)(L) of the Prevention of
Cruelty to Animal Act.
3. The petitioner has been found involved in the
unloading of stolen cattle. One of the stolen cattle was
recovered from the petitioner’s pick-up van.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
Patna High Court CR. MISC. No.38577 of 2026(2) dt.17-06-2026
2/2
5. Accordingly, the application for anticipatory bail is
hereby dismissed.
6. However, the petitioner is at liberty to surrender
before the concerned Court below within two weeks from today
and pray for regular bail, if so advised.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.