Farookh Kasai @ Md. Farooque And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9113 of 2015 Arising Out of PS.Case No. -65 Year- 2013 Thana -ANDER District- SIWAN ======================================================

1. Farookh Kasai @ Md. Farooque, Son of Bhola Kasai

2. Dilshad Kasai @ Md. Dilshad, son of Asgher Kasai

3. Farman Kasai @ Md. Farman, son of Bhola Kasai

4. Abbas Kasai @ Md. Abbas, Son of Shamsuddin

5. Raeesh Kasai @ Md. Rayees, Son of Shamsuddin Kasai, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148, 323, 341, 474, 475, 295, 298/120B of the Indian Penal Code, 11(a), (b), (c) and (d) of The Prevention of Cruelty to Animals Act, 1960 and 3/4 of the Bihar Preservation and Improvement of Animals Act, 1955.

Accusation against the petitioners is of slaughtering the cow without any valid permit.

It is submitted by learned counsel for the petitioners that during investigation the accusation has not been found true but differing with the final form the court below took cognizance

Patna High Court Cr.Misc. No.9113 of 2015 (2) dt.20-04-2015 2/2 under sections 467, 468 of the Indian Penal Code, 11(a), (b), (c) and (d) of the Prevention of Cruelty to Animals Act, 1960 and 3⁄4 of the Bihar Preservation and Improvement of Animals Act, 1955. It is further submit that in the background of land dispute the accusation has been levelled, a statement to this effect has been made at paragraph 7 of the petition.

It is submitted by learned counsel for the informant that during investigation it transpired that petitioners used to slaughter cow without any valid permit.

Considering the fact that the accusation was not found true during investigation and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let they be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Andar P.S. Case No.65 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T