Chiragan @ Firajan Quraeshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39660 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- HASPURA District- Aurangabad ====================================================== 1.

Chiragan @ Firajan Quraeshi, aged about 22 years (Male), Son of Tanman Quaraeshi.

2.

Muradan Quaraeshi @ Tiju Quaraeshi, aged about 30 years (Male), Son of Tanman Quaraeshi.

3.

Raja Quaraeshi @ Md. Arman Quaraeshi, aged about 25 years (Male), Son of Bigan Quaraeshi.

All are resident of Village - Amjharsharif, P.S.- Haspura, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-06-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Haspura P.S. Case No. 238 of 2018 registered for offences under sections 147, 149, 151, 341, 342, 337, 307 and 353 of the Indian Penal Code and Section 11(A)(e) of the Prevention of Cruelty to Animal Act, 2016 and Section 47/48/49/51/51(i), 52, 54(i)(ii), 56(i)(ii) of the Transportation Cattle Rules, 1978.

In the present case, an allegation has been made that a pick-up van was carrying cattle in an inhuman manner. The police intercepted the vehicle and tried to take away the

Patna High Court CR. MISC. No.39660 of 2019(2) dt.28-06-2019 2/2 vehicle to the police station. In the meantime, the petitioners along with 10-15 persons started pelting stones with a view to prevent the police from taking away the vehicle. Learned counsel for the petitioners submits that the petitioners are villagers having no specific allegation of any overt act and they have also no criminal antecedent. Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Haspura P.S. Case No.

238 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.