Md. Rizwan Quareshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15488 of 2022 Arising Out of PS. Case No.-229 Year-2021 Thana- EKANGARSARAI District- Nalanda ====================================================== MD. RIZWAN QUARESHI S/O IDRISH QUARESHI R/o village- Abgila, P.O.- Muffasil, P.S.- Manpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 279, 414 and 428/34 of the Indian Penal Code and Sections 44/48/50/52/11(a)(b)(d)(e)(f) of the Prevention of Cruelty to Animals Act, 1960, registered in connection with Ekangarsarai P.S.Case No. 229 of 2021. As per the FIR, one container overloaded with cattle was apprehended with the allegation that those cattle were stolen property and the manner in which the cattle were loaded

Patna High Court CR. MISC. No.15488 of 2022(2) dt.08-08-2022 2/3 attracts the provision of the Prevention of Cruelty to Animals Act, 1960.

The learned counsel for the petitioner has submitted that there is nothing on record which shows that the cattle were stolen property. As a matter of fact, those cattle were purchased by the brother of the petitioner. As such provisions of Section 279 and 414 of the IPC are not attracted. He has submitted further that the petitioner is a person of clean antecedent. On the other hand, learned APP has opposed the prayer for anticipatory bail.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Ekangarsari P.S.Case No. 229 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C. The criminal antecedent of the petitioner shall be verified by the learned court below and if it comes to the notice of the court below that there is any other criminal case against the petitioner, the court below

Patna High Court CR. MISC. No.15488 of 2022(2) dt.08-08-2022 3/3 shall be at liberty to cancel the bail bond of the petitioner. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U