Akbar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67440 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== MD. AURANGZEB Son of Md. Haidar Ali Resident of House No.- 10/1 D.N. Chatterjee Road, Post - Alam Bazar, P.S.- Alam Bazar, District - Kolkata. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67515 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== AKBAR KHAN S/O HAIDAR KHAN R/o village- Bikramganj, Ward No. 20, P.S.- Bikramganj, District- Rohtas ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 67440 of 2021) For the Petitioner/s :
Mr.Anirudh Kumar Verma, Adv.
Mr.Vyas Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Manoj Kumar, APP (In CRIMINAL MISCELLANEOUS No. 67515 of 2021) For the Petitioner/s :
Mr.Anirudh Kumar Verma, Adv.
Mr.Vyas Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with Bikramganj P.S. Case No.90 of 2021, registered for the offence
Patna High Court CR. MISC. No.67440 of 2021(5) dt.14-11-2022 2/3 punishable u/s 429, 153(A), 295(A), 34 of the IPC and section 11 of the Animal Cruelty Act, 1960 and sections 345 read with section 429 of the Bihar Municipal Act.
Allegedly, the petitioners are said to be indulged in illegal selling of beef without license of slaughter house due to which religious sentiment has been effected. A truck loaded with beef was seized by the police and several persons were apprehended on spot.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Allegation against petitioner Md. Aurangzeb is that he is the owner of the said truck and petitioner Akbar Khan is said to be the driver of the truck. Petitioners are not named in the F.I.R. but during investigation, their names transpired in the case. The truck in question was parked in front of the owner of the vehicle namely Aurangzeb but some one has misused the same taking advantage of night. The seized beef does not belongs to the petitioners. The petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that on perusal of the impugned
Patna High Court CR. MISC. No.67440 of 2021(5) dt.14-11-2022 3/3 order, it is evident that the injury is grievous in nature. Having regard to the facts and circumstances of the case, considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T