Hasibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46306 of 2023 Arising Out of PS. Case No.-974 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== HASIBUR RAHMAN S/O ABUL HAZI HUSSAIN R/O Village- Sarsar, P.SDalkola, Distt.- North Dinajpur, West Bengal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard the parties.

2. The petitioner apprehend his arrest in connection with Sadar P.S. Case No.974 of 2022, registered for the offence punishable under Sections 269, 278, 295(A), 429 of the Indian Penal Code and Section-4, 4(B) of Bihar Preservation and Improvement Act, 1955.

3. Allegedly, the police seized a truck carrying illegal beef of cows and calves. The allegation against the petitioner is that he is indulged in the business of illegal beef. It is also alleged that the seized beef was not fit for consumption and could cause severe disease.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.46306 of 2023(2) dt.24-08-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The petitioner is a license holder of food grains trading and except this petitioner has no concern with the alleged business. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T