IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12932 of 2009 1. Birendra Yadav son of Dina Nath Yadav, 2. Bharat Yadav son of Dina nath Yadav, 3. Nand Ji Chouhan alias Nandiji Chouhan son of late Bhuneshwar Chouhan, 4. Ajai Yadav alias Anjay Yadav son of Rama Ashish Yadav All resident of village- Iksha Choubey, Ka Pura, P.S. Narhi, District-Balia (U.P) 5. Rajendra Yadav son of Ramdeo Yadav 6. Birendra Yadav son of Jai Nath Yadav Both resident of village- Terwa Ke Mathiya, P.S. Narhi, district- Balia (U.P.) ….Petitioners Versus THE STATE OF BIHAR ….O. P With Cr. Misc. No.13552 of 2009 1. Rajnath Pandey @ Raj Narayan Pandey S/o Late Kashinath Pandey, resident of village + P.O. Barka Rajpur, P.S. Simri, District- Buxar. & 2. Munilal Yadav S/o Lal Yadav, resident of village- Keshopur, P.O. Tilak Rai Ke Hata, P.S. Simri, Distt. Buxar ….Petitioners Versus THE STATE OF BIHAR …. O.P ----------- 2/ 21.05.2009 Both the applications are taken up together as they arise out of the same P.S. case number. Petitioners are accused in a case instituted under sections 414/34 of the Indian Penal Code, 3/4/11 (N) and 6 of the Prevention of Cruelty to Animals Act, 1960. Prosecution case is that petitioners of Cr. Misc. No.12932 of 2009 were carrying animals on a truck when they were apprehended. Learned counsel for the petitioners submits that the animals were duly purchased in a fair and the truck belongs to one Mr. Yadav, who subsequently got the truck released in his favour. It is further submitted that no case under section 379 of the Indian Penal Code is made out as no one suggest that the animals were stolen. As far as petitioners of Cr. Misc. No. 13552 of 2009 are concerned, they are the driver and Khalasi of the truck in question. - 2 - The petitioners have remained in jail for about five months. Considering all aspect of the matter, petitioners named above are directed to be released 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 the CJM, Buxar, in connection with Simari P.S. case no.13 of 2009. JA/- (Sheema Ali Khan, J.)