Bigan Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5481 of 2017 Arising Out of PS.Case No. -189 Year- 2016 Thana -HASPURA District- AURANGABAD ====================================================== Bigan Quraishi, s/o Shamsu Quraishi, resident of village-Amjhar Sharif, P.S.- Haspura, District-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-02-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in connection with Haspura P.S. Case No. 189 of 2016 instituted for the offences punishable under Sections 429, 295(A)/34 of the Indian Penal Code, Section 4 / 4(2) of the Bihar Prevention of Improvement of Animals Act, 1955, Section 38(3) of the Prevention of Cruelty to Animals Act, 1960 and Sections 43(1)(2)(3)/48/49(1)(2) of the Transportation of Cattle Act, 1998, has approached this Court for grant of anticipatory bail. From a truck, beef was found and seized. Co-accused Juman Quraishi was arrested and in his confessional statement, the name of the petitioner transpired.

Patna High Court Cr.Misc. No.5481 of 2017 (2) dt.06-02-2017 2/3 Learned counsel for the petitioner submits that similarly situated co-accused have already been granted the privilege of bail in Criminal Miscellaneous No. 51834 of 2016 passed by another co-ordinate Bench of this Court. Considering the nature of allegation against the petitioner and similarly situated co-accused have already been granted the privilege of bail, let the petitioner above named, in the event of arrest / surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar (Aurangabad) in connection with Haspura P.S. Case No. 189 of 2016, subject to the condition as laid down under Section 438(2), the Code of Criminal Procedure with further condition that:

(i) One of the bailors shall be his own/close family members.

(ii) The petitioner shall appear on each dated fixed at the trial. In case of fault in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail

Patna High Court Cr.Misc. No.5481 of 2017 (2) dt.06-02-2017 3/3 bonds.

(Sanjay Kumar, J) ajaypd./- U T