Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners with specified conditions.
Summary
Surendra Yadav and Ramesh Yadav applied for anticipatory bail fearing arrest in Nautan Police Station Case No. 446 of 2025, which involves offences under section 317(3) of the BNS and sections 11(1)(a), (d), (f), (k) of the Animal Cruelty Act. The prosecution’s FIR was based on information that buffaloes were being smuggled to Nepal, leading to the apprehension of Ali Ahmad and Md. Salman, who implicated the petitioners. The State opposed the bail on the ground of a prior criminal record of petitioner No.1. The Court considered that the recovery and seizure were directed at Ali Ahmad and Md. Salman and that the FIR existed, but still found merit in granting anticipatory bail. Accordingly, the Court ordered anticipatory bail under Section 438(2) of the Cr.P.C. with a cash bail of Rs.10,000 each, two sureties, and several conditions regarding appearance, non‑interference with witnesses, and abstention from further offences. The bail is to be effected within four weeks of the order.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. despite the existence of an FIR and alleged involvement in offences under the BNS and Animal Cruelty Act.
- Whether the petitioners' alleged criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- Animal Cruelty Act — s. 11(1)(a), 11(1)(d), 11(1)(f), 11(1)(k)
- BNS — s. 317(3)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- animal cruelty
- criminal antecedent
- bail conditions
- West Champaran
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90702 of 2025
Arising Out of PS. Case No.-446 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
1. Surendra Yadav S/o Naresh Yadav R/o Village- Uttari Telua Panchabhaiya
Tola ( Utari Telhuaa Panchbahiya), Police station- Nautan, District- West
Champaran
2. Ramesh Yadav S/o Bodh Yadav R/o Village- Uttari Telua Panchabhaiya Tola
( Utari Telhuaa Panchbahiya) , Police station- Nautan, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Adv.
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Nautan P.S. Case No. 446 of 2025 for the offence
registered under sections 317(3) of the BNS and 11(1)(a), 11(1)
(d), 11(1)(f), 11(1)(k) of the Animal Cruelty Act lodged on
04.09.2025 by the informant Vivek Kumar.
3. As per the prosecution story, the informant alleged
that on information that the buffaloes are being smuggled,
interception took place, Ali Ahmad and Md. Salman were
apprehended and they gave the names of the other accused who
wanted it to transfer to Nepal. This led to the FIR.
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4. Learned Counsel for the petitioners submit that
recovery/seizure is from Ali Ahmad and Md. Salman, only on
the confession, they have been named.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that
petitioner no. 1 has criminal antecedent.
6. Considering the submissions of the parties as also
that allegation of recovery/seizure, as recorded above, is against
Ali Ahmad and Md. Salman, FIR is there, the petitioners shall
be facing the trial, in that background, this Court is inclined to
grant them the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Bettiah, District-West
Champaran in connection with Nautan P.S. Case No. 446 of
2025 subject to condition as laid down under Section 438(2) of
the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
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document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners 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 bail
bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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