IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32394 of 2008 PHUL MOHAMMAD @ PHUL BABU & ORS. Vrs. THE STATE OF BIHAR **** /2/ 11.09.2008 Heard the counsel for the petitioners and the State. 2. Offence alleged is under Section 414 of the Indian Penal Code as well as Section 11 and 12 of the Animal Cruelty Act. Sixty one number of oxen and 39 number of calves were being transported when apprehended by the police. Counsel for the petitioners submits that so far these petitioners are concerned, their names were not disclosed by any one. There is no recovery from their possession and so far offence under Section 414 of the Indian Penal Code is concerned, no case is made out against them considering the fact that the real owner of these cattle appeared and filed application for release and by order of the Court the cattle were released in his favour. 3. Considering the facts, the prayer for grant of anticipatory bail on behalf of the petitioners, namely, (1) Phul Mohammad @ Phul Babu, (2) Bachchu Mina, (3) Ali Akhtar @ Anil Akhtar, (4) Salam Mian, (5) Ekbal Maulbi and (6) Md. Motin, is allowed. They are directed to be released on 2 anticipatory bail, in case of their surrender before the Court concerned within four weeks from today, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Dhaka P.S. Case No. 18 of 2008 to the satisfaction of the Sub Divisional Judicial Magistrate, Sikrahana at Motihari, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J. )