Bhura Quraishi v. The State Of Bihar

Patna High Court Cr.Misc. No.2579 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2579 of 2017 Arising Out of PS.Case No. -189 Year- 2016 Thana -HASPURA District- AURANGABAD ====================================================== Bhura Quraishi Son of Md. Najeem Quraishi, Resident of Village - Amjhar Sharif, P.S. - Haspura, District - Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjay Kumar Singhm, Advocate. For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Haspura P.S. Case No. 189 of 2016, registered under Sections 429 and 295(A)/34 of the Indian Penal Code and Sections 4 and 4(2) of the Bihar Prevention of Improvement of Animal Act, 1955, Section 38(3) of Prevention of Cruelty to Animal Act, 1960 and Sections 43(1)(2)(3), 48 and 49(1)(2) of the Transport of Cattle Act, 1998.

The accusation is that on search of truck, beef and flesh in huge quantity were recovered. At that time, one person was apprehended, who disclosed his name as Juman Quraishi and also disclosed the name of 14 others persons including petitioner

Patna High Court Cr.Misc. No.2579 of 2017 (2) dt.07-03-2017 having hand in the business of beef and flesh. Learned counsel for the petitioner submits that petitioner has not been apprehended by the police at the spot and his name has surfaced in the confessional statement of Juman Quraishi. It is further submitted that similarly situated co-accused, Noor Mohammad Quraishi and Tahir Hussain @ Tahir Quraishi, have already been granted privilege of anticipatory bail by this Court vide order dated 17.01.2017 passed in Criminal Misc. No. 681 of 2017.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Daudnagar, Aurangabad, in connection with Haspura P.S. Case No. 189 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T