Created by Fuzzy Cloud

Patna High Court

SamarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions, exercising its inherent powers under Section 482(2) of the CrPC.

Summary

Petitioners Samar and Ashu, brothers from Uttar Pradesh, were implicated in a case registered under Sections 379, 411, 420, 120B and 34 of the IPC and Sections 11(a), (d), (e), (f) of the Prevention of Cruelty to Animals Act for alleged illegal trafficking of prohibited camels stolen from Rajasthan and sent to Bangladesh via Bihar. They claimed to have a clean antecedent and argued that the informant’s allegations were false, targeting another individual named Sohaib. The State opposed anticipatory bail, fearing the petitioners might abscond and that the allegations were yet to be proved. The Court, after hearing both sides, granted anticipatory bail subject to a bond of Rs.10,000 each, two sureties, and the father Firoj as a bailor, invoking the inherent powers under Section 482(2) of the CrPC. The order also stipulated that bail could be cancelled if the petitioners failed to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged.
  • Whether the petitioners are likely to abscond or tamper with evidence.
  • Whether the petitioners have been falsely implicated and thus merit relief under Section 438 CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 CrPC
  • IPC offences
  • animal cruelty
  • camel trafficking
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40679 of 2026
                         Arising Out of PS. Case No.-10 Year-2021 Thana- PALASI District- Araria
                 ======================================================
           1.     Samar S/O Firoj Resident of Village - Bhadal, P.S. Doghat, District Baghpat,
                  Uttar Pradesh
           2.    Ashu @ Asmauhmmad S/o Firoj Resident of Village - Bhadal, P.S. Doghat,
                 District Baghpat, Uttar Pradesh

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mritunjay Kumar
                 For the Opposite Party/s :        Mr.Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 379, 411,

                   420, 120B and 34 of the IPC and Section 11(a), (d), (e), (f) of

                   the Prevention of cruelty to Animals Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are persons with clean antecedent and the informant

                   alleges that an NGO reported about illegal trafficking of

                   prohibited camels, accordingly, based on the information police

                   along with local people recovered 11 camels on 12-2-2021 from

                   different places, including the bamboo orchard of Sohaib, it is
Patna High Court CR. MISC. No.40679 of 2026(2) dt.07-07-2026
                                            2/3




          next alleged that Sohaib is in this profession for the last four

          years and villagers are afraid of him thus does not disclose

          about his nefarious activity, further petitioners along with other

          accused persons are involved in illegal trafficking of camels, the

          camels are stolen from Rajasthan and sent to Bangladesh via

          Bihar.

                   4.     Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that thrust of

          the allegation is against Sohaib and against the petitioners, it is

          alleged that they are also involved in trafficking of prohibited

          breed of camel.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners and submits that allegations

          are yet to be ascertained and if privilege of anticipatory bail is

          granted to the petitioners, the petitioners may abscond, on which

          the learned counsel appearing on behalf of the petitioners

          submits that if privilege of anticipatory bail is granted,

          petitioners will not abscond rather will co-operate in the

          investigation to prove their innocence.

                   6.     Considering the submissions made by the learned
              Patna High Court CR. MISC. No.40679 of 2026(2) dt.07-07-2026
                                                          3/3




                        counsel for the petitioners, the petitioners 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 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 Palasi P.S. Case No. 10 of 2021, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.

                                 7.     One of the bailors of the petitioners shall be their

                        father, namely, Firoj.

                                 8.     However, it is made clear that in the event, if the

                        Investigating Officer of the case files an application before the

                        learned trial court bringing to its notice that the petitioners,

                        despite giving assurance to this Court, are not cooperating in the

                        investigation, in that event, the learned trial court shall be at

                        liberty to cancel the bail bonds of the petitioners.

                                 9.     Let a copy of this order be sent to the concerned

                        police station through the learned Trial Court.



                                                  (Satyavrat Verma, J)
Sumit/-

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.