Gufran Kuraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84442 of 2023 Arising Out of PS. Case No.-294 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== Gufran Kuraishi SON OF LATE DOMA KURAISHI Mohalla Rahmat Nagar , Kuraishi Mohalla , Ward no. 22 , Bikramganj, PS Bikramganj , Dist. Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2024 Heard Mr. Rajani Kant Singh, learned counsel for the petitioner and Mr. Mithlesh Kumar Khare, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Bikramganj P.S. Case No. 294 of 2020, F.I.R. dated 09.07.2020 registered for the offences punishable under Sections 429, 153A, 295A, 34 of the Indian Penal Code, Section 11 of the Prevention of Cruelty to Animals Act, 1960 and 345 R/W 429 of Bihar Municipality Act, 2007.

3. Allegation against the petitioner is that he along with other co-accused persons are running a syndicate of illegal trading of beef and as the truck has been recovered by the police

2/4 team loaded with the same.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and the petitioner has no concern at all with the alleged occurrence. He further submits that the name of the petitioner has been transpired on the basis of secret information that the petitioner was also involved in the present occurrence and coaccused persons namely Ismail Quraishi, Yusuf Quraishi, Sonu Quraishi and Jubrail Quraishi have been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 24.05.2022 passed in Cr. Misc. No. 24305 of 2021, another co-accused persons namely Phulla Kuraishi, Prabej Kuraishi, Budhan Kuraishi and Khurshid Kuraishi have been granted bail by a Coordinate bench of this Court vide order dated 02.12.2022 passed in Cr. Misc. No. 37909 of 2022 respectively.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the

3/4 case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bikramganj, District Rohtas in connection with Bikramganj P.S. Case No. 294 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T