Ibrar Quereshi @ Ibrar Qureshi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48030 of 2017 Arising Out of PS.Case No. -363 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================
1. Ibrar Quereshi @ Ibrar Qureshi, son of Ibrahim Qureshi,
2. Shahjad Khan @ Shahjad Qureshi, son of late Md. Muslim, both are R/o Village- Babura, P.S.- Bhabua , District- Kaimur (Bhabua). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Sunil, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-10-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Mohania P.S. Case No.363 of 2015 instituted for the offence under Section(s) 414 Indian Penal Code and Section 11 of the Animal Cruelty Act. It has been submitted that petitioners are the legal owners of the cattle, which were purchased by them from Chausa Animal Fair, Buxar, with legal and valid receipt. Altogether 25 cows and 1 ox were purchased and booked in the aforesaid truck for its destination. Aforesaid cattle have already been released in favour of the petitioners. They are not named in the First Information Report. The police implicated them during course of investigation.
In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.48030 of 2017 (2) dt.17-10-2017 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Mohania P.S. Case No.363 of 2015, they shall be released on anticipatory bail 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, Kaimur, Bhabhua, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T