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Patna High CourtCR. MISC./70142/2023allowed

Sabir Quraishi v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70142 of 2023 Arising Out of PS. Case No.-783 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Sabir Quraishi Son Of Khurshid Kuraisi @ Md. Safique Quraishi Resident Of Village - Sahdeo Khap, Post - Sahdeo Khap, P.S. - Magadh University, Gaya, District - Gaya (Bihar) Pin - 824234 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakib Ayaz For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 295A and 414 of the IPC, Section 11 of the Prevention of Animal Cruelty Act and Sections 3, 4 and 4B of the Prevention and Improvement of Animal Act, 1955.

3. As per prosecution case, there has been recovery of 26 animals in bad conditions of the Daala of the truck.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the owner and driver of the aforesaid seized container truck bearing Registration No. BR02-

Patna High Court CR. MISC. No.70142 of 2023(2) dt.03-11-2023 2/2 GC-9625 and use to give it on rent for carrying goods and materials by the local businessman. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the business of animal trade was totally under the management of co-accused and the petitioner has nothing to do with the sale and purchase of animals either legally or illegally. Petitioner has got no criminal antecedent as stated in para-3 of the petition. He is languishing in judicial custody since 19.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM-1st, Sherghati, Gaya in connection with Sherghati P.S. Case No. 783 of 2023. (Sunil Kumar Panwar, J) Arish/- U T