Md. Hasim Kurashi @ Haseen Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76725 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Md. Hasim Kurashi @ Haseen Ahmad Son Of Anees Ahmad Resident Of Village - Talabpur, P.S. - Chanroua, District - Rampur (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pandey, Adv.

Mr. Ved Prakash Chandan, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Naugachia P.S. Case No. 14 of 2023 dated 21.01.2023 registered for the offence/s punishable u/ss 428, 429, 414 read with section 34 of the Indian Penal Code, Section 3, 11 of the Prevention of Animal Cruelty and section 3, 4, 4A, 4B of the Bihar Preservation and Improvement of Animal Act.

4. As per the prosecution case, a huge quantity of meat of banned animal was recovered from a truck bearing no.

Patna High Court CR. MISC. No.76725 of 2023(2) dt.20-12-2023 2/3 UP 22T4186 and the driver of the said truck was apprehended on the spot.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is the owner of the said truck due to that his name has surfaced in this case. The vehicle was being driven by the coaccuse person. The petitioner has no concern of the said recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 14 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:-

Patna High Court CR. MISC. No.76725 of 2023(2) dt.20-12-2023 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T