Patna High Court
Md. Imtiyaz Alam @ Md. Sonu @ Md. ImtiyazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Md Imtiyaz Alam and Md Mumtaz Alam, sought anticipatory bail after a truck seized in Jamui was found carrying 3,700 kg of cow and buffalo beef, leading to charges under IPC sections 272, 273, 429, 414/34 and the Prevention of Cruelty to Animals Act, 1960. The FIR named the petitioners based on information from three apprehended individuals, although the petitioners asserted they were neither drivers nor owners of the truck and had clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The High Court examined whether the allegations warranted denial of bail and considered the applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Finding that the petitioners were implicated only on suspicion and that bail conditions could safeguard the trial, the Court granted anticipatory bail with a bond of Rs 10,000 and two sureties each, subject to the stipulated conditions. The order directs that if arrested within eight weeks, the petitioners be released on bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite charges under IPC sections 272, 273, 429, 414/34 and the Prevention of Cruelty to Animals Act.
- Whether the seriousness of the alleged offences justifies denial of bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in this case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 272, 273, 34, 414, 429
- Prevention of Cruelty to Animals Act, 1960 — s. 11(1)(2)
Subjects
- anticipatory bail
- Indian Penal Code
- animal cruelty
- beef seizure
- criminal procedure
- bail conditions
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91416 of 2025
Arising Out of PS. Case No.-408 Year-2023 Thana- LAXMIPUR District- Jamui
======================================================
1. Md. Imtiyaz Alam @ Md. Sonu @ Md. Imtiyaz S/o Md. Moin R/o Village-
Arsar, P.S- Jamui, Dist- Jamui.
2. Md. Mumtaz Alam @ Sonu S/o Md. Moin R/o Village- Arsar, P.S- Jamui,
Dist- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 272, 273, 429, 414/34 of
the Indian Penal Code and Sections 11(1)(2) of the Prevention
of Cruelty to Animals Act.
3. As per F.I.R., a truck was seized loaded with 3700
kg cow and buffalo beef. Three persons were apprehended on
the spot along with the truck who disclosed the name of these
petitioners.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.91416 of 2025(2) dt.10-02-2026
2/2
Petitioners are neither drivers nor owners of the seized truck in
question and they have got no concern with the alleged
recovery. Petitioners have been made accused in this case only
on suspicion and they claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, 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 Chief Judicial Magistrate,
Jamui in connection with Laxmipur P. S. Case No. 408 of 2023,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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