Sabbir Kuraisi @ Shabbir Kuraisi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 65606 of 2018 Arising Out of PS. Case No.-288 Year-2018 Thana- DURGAWATI District- Bhabhua (Kaimur) ====================================================== Sabbir Kuraisi @ Shabbir Kuraisi, Son of Nasim Kuraisi, resident of Village- Babura, P.S.- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parwej Khan For the Opposite Party/s :
Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner apprehends arrest in Durgawati Police Station Case No 288 of 2018 registered under Sections 414/34 of Indian Penal Code, Section 11 (a) (d) (e) (f) of the Prevention of Cruelty to Animals Act and Section 4 (B) (2) of Preservation of Improve of Animals Act.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The 13 cattle (young buffaloes), which have been recovered from the pick up van were in bona fide possession of the petitioner as he had purchased the same recently. He relies upon the receipt showing proof of purchase (Annexure 2). It is also submitted that since
Patna High Court Cr.Misc. No.65606 of 2018(2) dt.13-12-2018 2/2 young buffaloes were small in size, there is no question of cruelty occasioned on account of being transported in the pick up van. It is further submitted that the petitioner has no criminal antecedent.
Considering the aforesaid circumstances, prayer for anticipatory bail is allowed. In the event of his arrest or surrender before the Court below within four weeks from today, the petitioner above named shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in Durgawati Police Station Case No 288 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. (Madhuresh Prasad, J) M.E.H./- U T