IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2880 of 2009 1. Sanaullah Khan, son of Soyab Khan, resident of Village- Baribhadia, P.S. Sherghati, District-Gaya. 2. Dilshad Khan, son of Abdul Bari Khan, resident of Village- Basriganj, Police Station-Nasriganj, in the district of Rohtas. 3. Mustafa Ansari, S/o Sahid Ansari, R/0 Psachimbasti, Pangipara, P.S.-Golpokhar, Distt.- Uttar Dinajpur,State-West Bengal. ……Petitioners. Versus The State of Bihar ……………………Opposite Party. ----------- 2. 04. 03. 09. Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in connection with Kishanganj P.S. Case No. 320/08 which has been registered for offence under Sections 414, 419 and 420/34 of the Indian Penal Code and Section 1(i) of Prevention of Cruelty to the Animal Act. It is submitted that Petitioner No. 1 is owner of the Truck, Petitioner No. 2 is driver of the Truck and Petitioner No. 3 is staff of proprietor of the Live Stock namely; M/S Pioneer Live Stock, which is a registered firm of Govt. of Assam as contained in Annexure-4. It is further submitted that only allegation is that the truck, in which oxen were being taken, on being intercepted by the police could not produce any valid receipt. It is further submitted that oxen were not stolen rather were purchased from Buxar Cattle fair against which purchase receipt and booking receipt of Truck is annexed as Annexure 2 (series) and without verifying the matter the present case has been lodged against these petitioners. Learned A.P.P. for the State is not in a position to refuse the above submissions. Considering the facts and circumstances of the case, it is - 2 - directed that in the event of arrest or surrender within a period of four weeks from today the petitioners namely, 1. Sanaullah Khan, Dilshad Khan and Mustafa Ansari shall 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 Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 320/2008, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p. (Shailesh Kumar Sinha, J.)