Mukhtar Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59271 of 2022 Arising Out of PS. Case No.-43 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Mukhtar Quraishi, S/O Langra Quraishi Resident Of Village- Pirahi Bag, Madarsa Islamiya, Ward No.- 06, Daudnagar, Aurangabad, P.S.- Daudnagar, Bihar, Pin Code-824143.

2.

Bablu Quraishi, S/O Haider Quraishi Resident Of Village- Pirahi Bag, Madarsa Islamiya, Ward No.- 06, Daudnagar, Aurangabad, P.S.- Daudnagar, Bihar, Pin Code-824143.

3.

Jumman Quraishi, S/O Gulab Quraishi Resident Of Village- Pirahi Bag, Madarsa Islamiya, Ward No.- 06, Daudnagar, Aurangabad, P.S.- Daudnagar, Bihar, Pin Code-824143.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Niranjan Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 429, 34 of the Indian Penal Code, 1860, Sections 11, 20 and 30 of the Prevention of Cruelty to Animal Act, 1960, Sections 3 and 4 of the Bihar Preservation, Improvement of Animal Act, 1955 and Section 7 and 15 of the Environment Protection Act, 1986.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.59271 of 2022(2) dt.21-11-2022 2/3 prior to the institution of the present F.I.R., the petitioners were persons with clean antecedent, but after institution of the present case, one more case came to be instituted against them. The learned counsel for the petitioners submits that the informant alleges that he received an information that Guddu Quraishi and Babloo Quraishi beside the graveyard were running an illegal slaughter house. Accordingly, he reached the place of occurrence when accused persons fled taking advantage of darkness and on search, heap of skin of slaughtered cow, buffalo and other animals were found and further, the same was testified by the doctor. Further, on inquiry, it was revealed that 15 more accused were involved in the occurrence.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that petitioners prior to institution of the present F.I.R. were persons of clean antecedent. It is next submitted that the name of the petitioners transpired based on inquiry. It is also submitted that petitioners will cooperate in the investigation Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the

Patna High Court CR. MISC. No.59271 of 2022(2) dt.21-11-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Daudnagar P. S. Case No.43 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

However, if the Investigating Officer of the case files an application before the learned trial Court bringing to its notice that the petitioners after obtaining anticipatory bail is not cooperating in the investigation, then the learned trial Court after hearing the petitioners shall pass orders in accordance with law and will have the liberty to cancel their bail bonds. (Satyavrat Verma, J) vikash/- U T