Rizwan Quraishi @ Md. Rizwan Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14029 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- AMAS District- Gaya ====================================================== Rizwan Quraishi @ Md. Rizwan Quraishi Son Of Md. Sulaiman Quraishi R/O Village- Titaiganj, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Manoj Kumar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 428, 429, 414, 120(b) and 34 of the Indian Penal Code and Section 3,4, 11(a) (d)(h)(k) of Bihar Animals Protection Act, 1960 and Section 4 of Bihar Protection to Animals Act, 1955 subsequently Section 413, 153(a), 295(a) of Indian Penal Code was added. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioners including the driver of the vehicle/container and others co-accused Ram Lakhan Yadav who had purchased the said cattle. He submits

Patna High Court CR. MISC. No.14029 of 2022(2) dt.03-11-2022 2/2 that similarly situated co-accused has already been granted bail by a Coordinate Bench of this Court vide order dated 05.08.2022 passed in Cr. Misc. No. 2874 of 2022. He further submits in annexure-3 of the bail petition it is clear that earlier petitioner had sold the vehicle to another person but the name of the owner is not transferred in the D.T.O. Office. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that similarly situated co-accused has already been granted bail by a Coordinate Bench of this Court, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Amas P.S. Case No. 136 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T