Patna High Court - Orders
Dubul Kuraishi @ Bulul @ Sarfraj Ahmad @ ... vs The State Of Bihar on 1 February, 2022
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28033 of 2021
Arising Out of PS. Case No.-550 Year-2019 Thana- BIKRAMGANJ District- Rohtas
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1. DUBUL KURAISHI @ BULUL @ SARFRAJ AHMAD @ BULU
KURAISHI S/O YAKUB KURAISHI R/O MOHALLA RAHMAT
NAGAR, KURAISHI MOHALLA , WARD NO.22 , P.S BIKRAMGANJ,
DISTRICT- ROHTAS
2. ASLAM KURAISHI S/O YAKUB KURAISHI R/O MOHALLA RAHMAT
NAGAR, KURAISHI MOHALLA , WARD NO.22 , P.S BIKRAMGANJ,
DISTRICT- ROHTAS
3. SONU KURAISHI S/O YUSUF KURAISHI R/O MOHALLA RAHMAT
NAGAR, KURAISHI MOHALLA , WARD NO.22 , P.S BIKRAMGANJ,
DISTRICT- ROHTAS
4. NAUSHAD KURAISHI @ KAUWAL KURAISHI S/O DONA KURAISHI
R/O MOHALLA RAHMAT NAGAR, KURAISHI MOHALLA , WARD
NO.22 , P.S BIKRAMGANJ, DISTRICT- ROHTAS
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 28691 of 2021
Arising Out of PS. Case No.-550 Year-2019 Thana- BIKRAMGANJ District- Rohtas
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1. JIBRAIL KURAISHI S/o Israil Kuraishi R/o Mohalla- Rahmat Nagar,
Kuraishi Mohalla, Ward No. 22, Bikramganj, P.S.- Bikramganj, District-
Rohtas
2. KHURSHID KURAISHI S/o Buddhan Kuraishi R/o Mohalla- Rahmat
Nagar, Kuraishi Mohalla, Ward No. 22, Bikramganj, P.S.- Bikramganj,
District- Rohtas
3. BUDDHAN KURAISHI S/o Khaderan Kuraishi R/o Mohalla- Rahmat
Nagar, Kuraishi Mohalla, Ward No. 22, Bikramganj, P.S.- Bikramganj,
District- Rohtas
4. JARAR KURAISHI S/o Buchul Kuraishi R/o Mohalla- Rahmat Nagar,
Kuraishi Mohalla, Ward No. 22, Bikramganj, P.S.- Bikramganj, District-
Rohtas
5. LADDAN KURAISHI S/o Abbas Kuraishi @ Md. Abbas Kuraishi R/o
Mohalla- Rahmat Nagar, Kuraishi Mohalla, Ward No. 22, Bikramganj, P.S.-
Bikramganj, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
Patna High Court CR. MISC. No.28033 of 2021(3) dt.01-02-2022
2/4
... ... Opposite Party/s
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Appearance :
(In CRIMINAL MISCELLANEOUS No. 28033 of 2021)
For the Petitioner/s : Mr. Rajani Kant Singh
For the Opposite Party/s : Mr. Shyam Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 28691 of 2021)
For the Petitioner/s : Mr. Rajani Kant Singh
For the Opposite Party/s : Mr. Gulnar Begum
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
3 01-02-2022Heard learned counsel for the parties through virtual court proceedings.
At the outset, learned counsel appearing on behalf of petitioners in Cr. Misc. No.28033 of 2021 submits that petitioner no.3 has already been arrested by the police and by order dated 22.12.2021, the anticipatory bail application filed on behalf of petitioner no.3 has already been withdrawn.
Similarly learned counsel for the petitioners in Cr. Misc. No.28691 of 2021 submits that petitioner no.1 has already been arrested and by order dated 03.01.2022, the anticipatory bail application filed on behalf of petitioner no.1 has already been withdrawn.
These two cases are being heard together for consideration of anticipatory bail of petitioners no.1, 2 and 4 of Cr. Misc. No.28033 of 2021 and petitioners no.2, 3, 4 and 5 of Cr. Misc. No.28691 of 2021.
Learned counsel for the petitioners undertakes to Patna High Court CR. MISC. No.28033 of 2021(3) dt.01-02-2022 3/4 remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners apprehend their arrest in Bikramganj P.S. Case No.550 of 2019, registered for the offences punishable under Sections 429, 153A, 295A and 34 of the Indian Penal Code, Section 11 of Animal Cruelty Act, 1960 as well as under
Section 345 read with 429 of Bihar Municipality Act, 2007.
The informant in his written statement has stated that on 14.12.2019 at about 16.30, he received secret information that one DCM truck loaded with beef is standing on Bikramganj-Sasaram main road. The informant reached at the spot and found one DCM truck standing there and blood and water were oozing out from the truck.
Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that there is no eye witness in the present case. Only nearby people disclosed the name of the petitioners and other co-accused persons that they run unlicensed slaughter house. Learned counsel appearing on behalf of the petitioners in Cr. Misc. No.28033 of 2021 submits Patna High Court CR. MISC. No.28033 of 2021(3) dt.01-02-2022 4/4 that petitioners no.1 and 2 have got no criminal antecedent whereas petitioner no.4 has got one criminal antecedent. Learned counsel for the petitioners in Cr. Misc. No.28691 of 2021 submits that petitioner no.4 has got no criminal antecedent whereas petitioner no.2 has got two criminal antecedent and petitioners no.3 and 5 have got one criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.
Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each 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.550 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J.) Sanjay/-
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