Patna High CourtCR. MISC./53173/2017disposed

Md. Kalam Quraishi And ANR v. The State Of Bihar

2017-11-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53173 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -SAHAR District- BHOJPUR ======================================================

1. Md. Kalam Quraishi,

2. Md. Feyaz Quraishi, Both are sons of Abdul Mannan Quraishi @ Mannan Quraishi and they are resident of Village- Sahar, P.S. Sahar, District- Bhojpur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Sahar P.S.Case No. 129 of 2017 registered for the offences punishable under Sections 295, 295A, 429, 290, 188, 153A, 34 of the Indian Penal Code and Section 11(1)(L) of Prevention of Cruelty of Animal Act.

Allegation against the petitioners is of recovery of one cow, which was cut and some pieces of beef from their house on the day of Eid and further allegation is that they tried to disturb harmony of community by their act.

Submission of learned counsel for the petitioners is that nothing has been recovered from their house and petitioners are

Patna High Court Cr.Misc. No.53173 of 2017 (3) dt.17-11-2017 2/2 full brothers and they have falsely been implicated in this case. Further submission is that they are in custody for two months. Heard learned APP also.

Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioners. However, once charge has been framed or petitioners remain in custody for six months, whichever is earlier, the court below will release the petitioners on bail to its own satisfaction on the condition that they will co-operate in trial. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U