Isarail Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24061 of 2021 Arising Out of PS. Case No.-294 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== Isarail Quraishi aged about 50 years, Son Of Hakik Quraishi R/O MohallaRahmat Nagar Quraishi Mohalla, Ward No.-22, P.S.- Bikramganj, DistrictRohtas. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-12-2021 The petitioner who is in custody since 6.1.2021 seeks regular bail in connection with Bikramganj P.S. Case No. 294 of 2020 for the offence punishable under sections 429, 153A, 295A, 34 of the Indian Penal Code read with Section 11 of the Prevention of Cruelty of Animals Act, 1960 and 345 read with Section 429 of the Bihar Municipal Act.

Prosecution case is that on secret information, a raid was conducted near Bikram Sasaram main road where a truck bearing registration no. UP-75AT-0829 covered with Tirpal (tapline) and water was oozing out from the truck. The driver and the khalashi of the truck ran away on seeing the raiding team.

It has further been alleged that local people informed

Patna High Court CR. MISC. No.24061 of 2021(5) dt.06-12-2021 2/3 that the accused persons are involved in illegal trade of selling beef which is injuries to public health and is also promoting enmity between two classes as well as maliciously insulting of the religion of people of the said class, residing in the locality. Learned counsel appearing on behalf of the petitioner submits that no specific allegation has been alleged against the petitioner and there is no recovery from the conscious possession of the petitioner. He further submits that the petitioner is in custody since 6.1.2021 and there is no progress in the trial as yet therefore, the petitioner be released on regular bail.

Learned counsel appearing on behalf of the State has opposed the prayer for bail of the petitioner. Having heard both the parties and proper consideration of facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st, Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 294 of 2020 subject to the conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.24061 of 2021(5) dt.06-12-2021 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. It is directed that before releasing the petitioner on bail, the court below shall verify criminal antecedent of the petitioner and in case any other offence is found to be registered against the petitioner, this order shall automatically loose its effect.

(Purnendu Singh, J) Ravi/- U T