Aashu Qureshi @ Mohammad Aashu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25152 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- PAHARKATTA District- Kishanganj ====================================================== 1.

AASHU QURESHI @ MOHAMMAD AASHU SON OF SULTAN QURESHI RESIDENT OF BHADAL, P.S.- DOGHAT, DISTRICTBAGPAT (U.P.) 2.

RASHID QURESHI SON OF ALIYAS @ ALIYAS QURESHI @ ELIYAS QURESHI R4ESIDENT OF VILLAGE- BHADAL, P.S. DOGHAT, DISTRICT- BAGPAT (U.P.) 3.

ABIDUR RAHMAN @ OBEDUR RAHMAN SON OF MURTAZA REHMAN @ MURTAZA ALI RESIDENT OF VILLAGE- BOFAL BASI, P.S.- KASONDIGHI, DISTRICT- UTTAR DINAJPUR (W.B) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-11-2021 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 268, 379, 411, 428 and 429 of the Indian Penal Code, sections 3 and 11 of the Prevention of Cruelty to Animals Act and section 4 of Bihar Preservation and Improvement of Animals Act. As per the prosecution case, the accused persons are stated to have indulged in illegal trading of camels. While illegally trading in camels, they take them from Rajasthan to Bangladesh to sell them on huge profits for meat slaughter.

Patna High Court CR. MISC. No.25152 of 2021(2) dt.23-11-2021 2/2 It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The allegations are vague and imaginary. The sentence under the various provisions of the Act mentioned in the F.I.R. are as low as three months to six months except for a few sections under the Indian Penal Code. The petitioner nos. 1 and 2 are in custody since 11.9.2020 and the petitioner no.3 is in custody since 23.9.2020. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of allegations in the F.I.R. together with the petitioners having in custody for over 1 year, the Court directs the petitioners to be enlarged on bail in connection with Paharkatta P.S. Case no. 72 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Kishanganj.

(Partha Sarthy, J) Bibhash U