Md. Sahim Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69650 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== 1.

Md. Sahim Quraishi , male age 66 years, son of late Ismail Quraishi @ late Ishu Quraishi @ Ishu 2.

Md. Jasim Quraishi @ Jasim Quraishi male age 64 years, son of late Ismail Quraishi @ late Ishu Quraishi @ Ishu 3.

Md. Nasim Quraishi @ Nasim Quraishi , male age 57 years, son of late Ismail Quraishi @ late Ishu Quraishi @ Ishu 4.

Md. Kalim Quraishi @ Kalim Quraishi , male age 43 years, son of late Ismail Quraishi @ late Ishu Quraishi @ Ishu 5.

Md. Babloo Quraishi @ Md. Balu Quraishi, male age 26 years , son of Md. Jasim Quraishi 6.

Md. Zainul Quraishi @ Md. Zainul, male age 59 years, son of Md. Noor Mohammad Quraishi 7.

Md. Farroque Quraishi @ Md. Farroq Quraishi @ Jahangir, male age 58 years, son of Md. Amin Mian 8.

Md. Firoze Quraishi @ Firoz Quraishi male age 34 years, son of Late Murad Quraishi 9.

Md. Mangal Quaraishi @ Mangal Quaraishi, male age 64 years, son of late Zahir Quraishi 10.

Md. Sunnan Quaraishi @ Sunnan Quaraishi @ Md. Sunuan Quraishi , male age 62 years, son of Jangli Quraishi All residents of Village - Baro, Kasai Tola, P.S. Phulwaria, Distt. Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Phulwaria P.S. Case No. 96 of 2019 registered for the offence

Patna High Court CR. MISC. No.69650 of 2019(2) dt.26-11-2019 2/3 under Section 429, 353, 144 of the Indian Penal Code and under Section 11 (L) of the Prevention of Cruelty to Animals Act, 1960.

The allegation against the petitioners is that Police got information that petitioners are involved in transportation of animals on Bolero Pick Up Van and raided the house of petitioners- Md. Mangal Quaraishi @ Mangal Quaraishi, Md. Firoze Quraishi @ Firoz Quraishi, Md. Babloo Quraishi @ Md. Balu Quraishi and at the time of search the female inmates of the house of Md. Mangal Quaraishi @ Mangal Quaraishi abused the raiding party and obstructed the raiding party in discharging their official duty. Police recovered fat oil, small and big weapons, one measurement apparatus (weighing unit ) etc. from the house of the accused persons. The Police has suspicion that accused persons were running butcher shop illegally and used to sell prohibited meat.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case inasmuch as petitioners have not committed any offence in the manner alleged. Learned counsel further submits that no offence under Section 353 of the I.P.C. and Section 11 (L) of the Prevention Of Cruelty To Animals Act, 1960 is made out against the

Patna High Court CR. MISC. No.69650 of 2019(2) dt.26-11-2019 3/3 petitioners. Learned counsel further submits that search and seizure was not conducted as per the provision of Section 100 of the Cr.P.C.

Having heard learned counsel for the parties and taking into consideration the fact that no prohibited meat has been recovered from the house of the petitioners and allegation of obstructing the Police party is against the female inmates of the house, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order be released on anticipatory bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajeev Kumar, learned Judicial Magistrate, 1st Class, Begusarai in connection with Phulwaria P.S. Case No. 96 of 2019 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) praful/- U T