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Patna High Court

Surendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.90702 of 2025(2) dt.15-01-2026
                                            2/3




                       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
           Patna High Court CR. MISC. No.90702 of 2025(2) dt.15-01-2026
                                                       3/3




                     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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