Sanwar Devan @ Sanwar HusenversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7847 of 2026
                     Arising Out of PS. Case No.-268 Year-2025 Thana- GOPALPUR District- Gopalganj
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           1.     Sanwar Devan @ Sanwar Husen S/O Noorayan Shah @ Nuraian Shah @
                  Nurayan Dewan R/O Village- Ahirauli Dubauli, Tola Takiya, P.S- Gopalpur,
                  District- Gopalganj, Bihar.
           2.    Mintu Dewan @ Mintu Ali @ Mintu S/O Nor Mahammad @ Nur
                 Muhammad Sah R/O Village- Ahirauli Dubauli, Tola Takiya, P.S- Gopalpur,
                 District- Gopalganj, Bihar.
           3.    Mehboob S/O Hamid R/O Village- Ratupur, P.S- Ratupur, Distt.- Sambhal,
                 Uttar Pradesh.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioners     :        Mr. Indrajeet Bhushan, Advocate
                 For the State           :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 317(5) and

                   111 of the B.N.S. and Sections 11(1)(d)(e)(f)(l) of the

                   Prevention of Cruelty to Animals Act.

                                3. As per prosecution case, these petitioners are

                   suspected to be involved in smuggling of cattle.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.7847 of 2026(2) dt.20-02-2026
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          have committed no offence. Petitioner No. 2 is lawful owner of

          the recovered cattle and had purchased the calves from Dhadha

          Pashu Mela, Kushinagar, after paying consideration money and

          in the night of 12.10.2025, he hired a pickup van bearing

          Registration No. UP38AT4076 from Petitioner No. 3 for

          transporting the cattle to his village and while transportation, at

          Airauli Dubauli, Tola Takiya, the police intercepted the vehicle

          and asked for documents of the vehicle and calves and when

          everything was found in order, they asked for illegal

          gratification and upon refusal, this false and concocted case has

          been lodged. Petitioner No. 3 has got no criminal antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioners and submitted that petitioners are named in the

          F.I.R. with specific accusation that they are involved in

          smuggling of cattle. Petitioner No. 1 has got two criminal

          antecedents and Petitioner No. 2 has got one criminal

          antecedent.

                       6. Considering the facts and circumstances of the case

          and criminal antecedents of Petitioner No. 1, the prayer for grant

          of anticipatory bail to Petitioner No. 1 is rejected.

                       7. So far as Petitioner Nos. 2 and 3 are concerned,
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                       considering the facts and circumstances of the case, the prayer

                       for grant of anticipatory bail to Petitioner Nos. 2 and 3 is

                       allowed.

                                    8. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       Petitioner Nos. 2 and 3 be enlarged on bail on furnishing bail-

                       bond of Rs. 10,000/- (ten thousand) each with two sureties of

                       the like amount each to the satisfaction of learned J.M. 1 st Class,

                       Gopalganj in connection with Gopalpur P.S. Case No. 268 of

                       2025, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..

                                    9. With the aforesaid directions, this application

                       stands disposed of.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T