IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10013 of 2026 Arising Out of PS. Case No.-115 Year-2025 Thana- Salmari District- Katihar ====================================================== 1. Md. Muktar Sekh Son of Afrej Sekh Resident of Hazi Sam Mohammad Para, P.O.- Sultanganj, P.S.- Kaliachak, District- Malda, West Bengal 2. Rocky Sk. Son of Asidur Sakh Resident of Mohobbatpur, Dakshi, P.O.- Debipur, P.S.- Kaliachak, District- Malda, West Bengal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr.Amritanshu Dangi, Advocate Mr. Kumar Rajdeep, Advocate Mr. Md. Aatof Iqbal, Advocate For the Opposite Party/s : Mr.Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 3 27-04-2026 Heard learned Senior Counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in connection with Salmari P.S. Case No. 115 of 2025 registered under Sections 303(2), 317(5), 317(2), 3(5) of the BNS and Sections 11(a)(d)(e)(f) of the Prevention of Cruelty to Animals Act, 1960. 3. The prosecution story, in brief, is that 55 cows were seized along with truck bearing registration no. WB830600 by an officer in-charge of Salmari Police Station. 4. Learned Senior Counsel appearing on behalf of the Patna High Court CR. MISC. No.10013 of 2026(3) dt.27-04-2026 2/5 petitioners submits that in terms of provision contained under Section 11 of the Prevention of Cruelty to Animals Act, 1960, petitioners are ready to deposit the fine before the Court below. Section 11 of the Animals Act, 1960 is reproduced hereunder: 11. Treating animals cruelly.―(1) If any person― “(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animal to be so treated; or (b) 1[employs in any work or labour or for any purpose any animal which, by reason of its age or any disease], infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed; (c) willfully and unreasonably administers any injurious drug or injurious substance to 2[any animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 2[any animal]; or (d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or (e) keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or (f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or (g) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or (h) being the owner of 3[any animal] fails to provide such animal with sufficient food, drink or shelter; or (i) without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or (j) wilfully permits any animal, of which he is the owner, to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or (k) offers for sale or, without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or Patna High Court CR. MISC. No.10013 of 2026(3) dt.27-04-2026 3/5 (l) multilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner; or] (m) solely with a view to providing entertainment— (i) confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or (ii) incites any animal to fight or bait any other animal; or] (n) organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; or (o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting; he shall be punishable, 4[in the case of a first offence, with fine which shall not be less than•• ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both]. (2) For the purposes of sub-section (1), an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence: Provided that where an owner is convicted of permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine. (3) Nothing in this section shall apply to― (a) the dehorning of cattle, or the castration or branding or nose-roping of any animal, in the prescribed manner; or (b) the destruction of stray dogs in lethal chambers or 5[by such other methods as may beprescribed]; or (c) the extermination or destruction of any animal under the authority of any law for the time being in force; or (d) any matter dealt with in Chapter IV; or (e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering. Patna High Court CR. MISC. No.10013 of 2026(3) dt.27-04-2026 4/5 5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the allegation made in the F.I.R., as well as, submissions made on behalf of the petitioners that the petitioners are ready to deposit the requisite fine before the learned District Court and also considering the fact that the petitioner no.1 has purchased 55 cattle from different persons through ten voucher on 03.08.2025 and loaded on truck. Petitioner no.1 is owner and the petitioner no.2 is the driver of the said truck respectively. 7. Considering the aforesaid facts and circumstances, the petitioners, above named, are directed to be released on pre- arrest bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Katihar in connection with Salmari P.S. Case No. 115 of 2025, subject to payment of requisite fine by the petitioners in terms of provision contained under Section 11 of the Prevention of Cruelty to Animals Act, 1960 and the conditions as laid down under Section 438(2) of the Patna High Court CR. MISC. No.10013 of 2026(3) dt.27-04-2026 5/5 Cr.P.C/482(2) of the BNSS. Sanjay/- (Purnendu Singh, J) U T