Md. Enam Quraishi @ Enam Quraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73317 of 2023 Arising Out of PS. Case No.-783 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== 1.
MD. ENAM QURAISHI @ ENAM QURAISHI Son of Md. Salam Quraishi Resident of village- Cherkikhap, P.S.- Cherki, District- Gaya 2.
Bhola Manjhi S/o Late Mukku Manjhi Resident of village- Cherkikhap, P.S.- Cherki, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 295A and 414 of the IPC and under Sections 3, 4, 4(B) of the Bihar Preservation and Improvement of Animals 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 petitioners that petitioners have been falsely implicated in this case. They have committed no offence. No incriminating article has been recovered from the conscious possession of the petitioners. He further submitted that the business of animal trade was totally under the management of co-accused and the petitioners have
Patna High Court CR. MISC. No.73317 of 2023(2) dt.22-11-2023 2/2 nothing to do with the sale and purchase of animals either legally or illegally. Petitioner No. 1 has got no criminal antecedent and petitioner No. 2 has one criminal antecedent as stated in para-3 of the petition. They are languishing in judicial custody since 19.07.2023. Similarly situated co-accused, namely, Sabir Quraishi son of Khurshid Kuraisi @ Md. Safique Quraishi has been granted bail by a Coordinate Bench of this Court vide order dated 03.11.2023 in Cr. Miscellaneous No. 70142 of 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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sherghati, Gaya in connection with Sherghati P.S. Case No. 783 of 2023. (Ramesh Chand Malviya, J) saurabhkr/- U T