Jharkhand High Court
Noor Hasan And Anr vs The State Of Jharkhand on 20 September, 2017
Author: Amitav K.Gupta
Bench: Amitav K.Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.6216 of 2017
1. Noor Hasan.
2. Wajid ali @ Wajed Ali .....Petitioners.
Versus
State of Jharkhand .... Opp.party.
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CORAM: HON'BLE MR.JUSTICE AMITAV K.GUPTA
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For the Petitioner :M/s.Md.Zaid Ahmed,Advocate.
For the State : APP.
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04/20.09.2017The petitioners are accused in a case registered under Sections 414 IPC, Section 4/4(A)/5/12(i)(ii) of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 and Section 11 of Prevention of Cruelty to Animal Act,1960.
Learned counsel for the petitioners has submitted that petitioners are the driver and owner of a Pick-up van bearing registration no.JH05AN-0875. That in fact the seized cattle were purchased by one Md. Sheikh Shahid as would be evident from Annexure-B series. That the seizure has been made by the police official of the rank of A.S.I who is not an competent authority under Section 10 of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.
Learned A.P.P. has opposed the prayer for bail and submitted that Section 10 of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 prescribes regarding the competent authority for conducting search but does not denude the ASI from seizing the cattle. That the cattle were being carried in a pick-up van in a cruel manner and no document regarding the cattle was produced before the police.
Heard. Considering the nature of allegation and period of custody of the petitioner they are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each in connection with Dhalbhumgarh P.S.Case No.29 of 2017(G.R.NO.221/2017) to the satisfaction of Judicial Magistratre, Ist Class, Ghatshila subject to the condition that they shall remain present in the court below as and when directed till the conclusion of the trial.
(Amitav K. Gupta,J) Biswas.