Saiyad Gufran Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77998 of 2024 Arising Out of PS. Case No.-974 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Saiyad Gufran Ali S/O Late Syed Shahbuddin R/o - 18 Circus Row, P.S - Circus Avenue, Dist - Kolkata (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehend his arrest in connection with Sadar P.S. Case No.974 of 2022, registered for the offence punishable under Sections 269, 278, 295(A), 429 of the Indian Penal Code and Sections 4, 4(B) of the Bihar Preservation and Improvement of Animal Act, 1955.

3. Allegedly, the police seized a truck carrying illegal beef of cows and calves. The allegation against the petitioner is that he is indulged in the business of illegal beef. It is also alleged that the seized beef was not fit for consumption and could cause severe diseases.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.77998 of 2024(2) dt.17-01-2025 2/3 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is totally false and based on concocted facts. He has no concern either with the seized beef or the place of recovery or any illegal trade. He was not apprehended on the spot. His name has been transpired in the present case merely because he is the registered owner of the seized truck. On the alleged date, the seized truck was in possession of its driver and cleaner and therefore, the petitioner had no knowledge regarding carrying of illegal beef by coaccused persons using his vehicle. Learned counsel further submits that petitioner has one criminal antecedent ad mentioned in para 3 of the bail application.

5. Learned APP for the State opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as the nature of the offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail,

Patna High Court CR. MISC. No.77998 of 2024(2) dt.17-01-2025 3/3 the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) divyanshi/- U T