Ismail Quraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24305 of 2021 Arising Out of PS. Case No.-294 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.
ISMAIL QURAISHI, aged about 48 years, male, S/o Hakik Quraishi 2.
YUSUF QURAISHI, aged about 55 years, male, S/o Hakik Quraishi 3.
SONU QURAISHI, aged about 30 years, male, S/o Yusuf Quraishi 4.
JUBRAIL QURAISHI, aged about 22 years, male, S/o Israil Quraishi All are resident of Ward No. 22, Rahmat Nagar, P.S.- Bikramganj, DistrictRohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Adv.
For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2022 Heard the counsel for the parties.
The petitioners seek bail in anticipation of their arrest in connection with Bikramganj P.S. Case No. 294 of 2020 instituted for the offences under Sections 429, 153A, 295A and 34 of the Indian Penal
2/4 Code and Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Section 345 read with Section 429 of the Bihar Municipality Act.
The attention of this Court to the contents of the F.I.R. has been drawn which indicates that on secret information that the animals are being transported in a cruel manner and some of the accused persons are loading cow's meat on a vehicle even though the slaughter-house of the neighbourhood does not have the requisite license and approval to run the same, a raid was conducted. A vehicle found to be completely covered with tarpaulin was intercepted in which a huge quantity of cow's meat was found to be loaded. Thus, it was alleged that the petitioners and several others are responsible for transportation of cow's meat from a slaughter-house which was not being run appropriately and did not have the approval to be continued in the locality.
It has been submitted on behalf of the petitioners that no doubt the accusation is serious but
3/4 so far as the implication of the petitioners in the present case is concerned, no attempt has been made by the informant to verify the information received by the police about their participation. Merely because they are residents of Quraishi Mohalla, which is predominantly inhabited by Muslims, they have been made accused in this case on suspicion. The petitioners are labourers who are ready to work at any station on getting remuneration for each working day. There being nothing in the investigation papers to clearly indicate the participation of the petitioners in the occurrence, it has been urged that they ought to be granted the privilege of anticipatory bail.
From the perusal of the bail application, it appears that almost all the petitioners have many other cases of similar nature which have been lodged against them. However, in all such cases, they are on bail.
Considering the afore-noted arguments
4/4 advanced on behalf of the petitioners and their not having been apprehended at the spot when the raid was conducted or there being anything to connect them with the running of the slaughter-house or having taken any active part in the transportation of illegally obtained cow's meat or of causing cruelty to animals, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 294 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) Praveen-II/- U T