Md Mobarak vs The State Of Jharkhand on 3 March, 2014

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Jharkhand High Court

Md Mobarak vs The State Of Jharkhand on 3 March, 2014

Bench: Amitav K. Gupta

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B. A. No. 230 of 2014

       Md. Mobarak                                           ...... Petitioner
                                Versus
       The State of Jharkhand                                ...... Opposite Party
                          ---------
       CORAM:     HON'BLE MR. JUSTICE AMITAV K. GUPTA
                          ---------
       For the Petitioner        :  Mr. M. Sohail Anwar Sr. Advocate
                                    Mr. Shadab Bin Haque, Advocate
       For the State             :  A.P.P.
                          ---------

       02/Dated: 03rd March, 2014

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with the case registered under Sections 279, 429, 427, 295(A), 120(B), 153(A) (B) of the Indian Penal Code and Section 4, 5, 6, 7, 9, 10 and 12(1)(2)(3) of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.

Learned counsel for the petitioner has submitted that the petitioner has been made an accused as he happens to be the owner of the pick-up van bearing registration No. BR-06G-9809 on which the alleged Bovine meat was loaded. It is further submitted that the said pick-up van actually was in possession of his brother, Md. Maruf, who has been granted regular bail in B.A. No. 8852 of 2013 and the driver and co-driver have also been granted bail in B.A. No. 8981 of 2013 by this Court.

Learned A.P.P while opposing the prayer for bail of the petitioner, has submitted that on the instruction of the petitioner the said bovine meat was being transported without any valid transit paper.

Considering the fact that the petitioner's brother, who was apprehended on the spot, has been granted regular bail and the petitioner has been made an accused as he happens to be the registered owner of the pick-up van, thus in the facts and circumstances, the case of the petitioner stands on better footing, he is directed to surrender in the Court below within two weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge him on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jamtara in connection with Nala (Bindapathar) P.S. Case No. 152 of 2013 corresponding to G.R. No. 688(A) of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Amitav K. Gupta, J.) SatayendraAlok/

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Jharkhand High Court