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Patna High CourtCR. MISC./1294/2017bail granted

Ekram Kuraishi @ Md. Ekram Quraishi v. The State Of Bihar

2017-01-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1294 of 2017 Arising Out of PS.Case No. -189 Year- 2016 Thana -HASPURA District- AURANGABAD ====================================================== Ekram Kuraishi @ Md. Ekram Quraishi S/o Juber Kuraishi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Rina Sinha For the Opposite Party/s Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2017 Heard both sides.

The petitioner apprehends his arrest in Haspura P.S. case No. 189 of 2016 under Section 429, 295(A) of the Indian Penal Code, Section 414(2) of Bihar Prevention of Improvement Animals Act, 1955, Section 38 of Prevention of Cruelty to Animals Act, 1960 and under Section 43 (1) (2) (3), 48/49 (1) (2) of Transportation of Cattles Act, 1998.

The petitioner is owner of the pick up van bearing registration No. BR02AA- 0434 on which slabs of ice were loaded.

The learned counsel for the petitioner submits that driver of the pick up van without his consent loaded the ice on the vehicle. It is further submitted that owner of the truck on which animal flesh was recovered has already been granted anticipatory

Patna High Court Cr.Misc. No.1294 of 2017 (2) dt.16-01-2017 2/2 bail vide order passed in Cr. Misc. No. 55269 of 2016. The case of petitioner stands on better footing.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sidharth Pandey, learned Judicial Magistrate, 1st class, Daudnagar, Aurangabad in Haspura P.S. Case No. 189 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T