Abdul Waris v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35596 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- DAWATH District- Rohtas ====================================================== Abdul Waris Son of Abdul Kuddus Resident of Mohalla- Jama Masjid Mohammadabad, Police Station- Mohammadabad, District- Gazipur (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Dawath P.S. Case No. 159 of 2018, registered for the offences punishable under Sections 429, 153A, 295A and 34 of the Indian Penal Code, section 11 of the Prevention of Cruelty to Animals Act and section 9 of the Bihar Police Act.

On secret information one truck loaded with bones of animals was intercepted by the police. Petitioner is said to be the owner of the said truck.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. Name of petitioner surfaced in this case on the basis of confessional

Patna High Court CR. MISC. No.35596 of 2019(3) dt.07-08-2019 2/2 statement of co-accused Niyaz Quraishi who is said to be the driver of the said truck, and was apprehended on the spot. The aforesaid material was loaded in the said truck on the basis of valid challan and it was purchased from Esmat Bones and Fertilizers from Naseer Qureshi for which purchase challan was also issued in favour of petitioner vide Annexure- 2 and Annexure-2/1. Petitioner has got no criminal antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six 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 the learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dawath P.S. Case No. 159 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.