Md. Ibrar @ Md. Ebrar @ Ibrar Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63149 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== 1.

MD. IBRAR @ MD. EBRAR @ IBRAR QURAISHI S/O NANHAK QURAISHI R/O VILLAGE- BASURA, PS.KOTHI, DIST. GAYA 2.

MOHAMMAD SANTULLAH QURAISHI S/O MD. SAFIULLAH MIYA R/O VILLAGE- BASURA, PS.KOTHI, DIST. GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 279, 295(A), 414, 120(B) of the IPC, sections 3⁄4, 4(B) of the Bihar Preservation and Improvement of Animal Act, 1955 and section 11 Preservation of Cruelty of Animal Act, 1960.

3.

Allegedly, two Pick-up Vans loaded with brutally thrashed cows and some in unconscious condition was seized by police.

4.

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. Petitioners have

Patna High Court CR. MISC. No.63149 of 2023(2) dt.19-10-2023 2/3 been made accused in this case on the basis that petitioner no.1 is the owner of one of the vehicle and petitioner no.2 is its driver. No incriminating articles has been recovered from the conscious physical possession of the petitioner. The fact is that the petitioner are involved in the animal business and they used to purchase the animals from Palamu Animal Hat and during transportation, the police party demanded bribe, which was not fulfilled by the petitioners, therefore, they have been implicated in this case. Petitioners have no criminal antecedent and two similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 11.10.2023 passed in Cr. Misc. No.62525 of 2023. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Raushanganj (Banke Bazar) P.S. Case No.189 of 2023,

Patna High Court CR. MISC. No.63149 of 2023(2) dt.19-10-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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