IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9123 of 2022

Arising Out of PS. Case No.-550 Year-2019 Thana- BIKRAMGANJ District- Rohtas

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Sonu Kuraishi Son Of Yusuf Kuraishi Resident Of Mohalla- Rahmat Nagar,

Ward No. 22, Bikramganj Police Station- Bikramganj, District- Rohtas

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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Appearance :

For the Petitioner/s

:

Mr.Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

2

14-06-2022

Heard counsel for the petitioner and the learned A.P.P.

for the State.

The petitioner seeks regular bail in connection with

Bikramganj P.S. Case No. 550 of 2019 lodged under Sections

429, 153A, 295A, 34 of the Indian Penal Code, Section 11 of the

Prevention of Cruelty to Animals Act, 1960 and Section 345

read with Section 429 of Bihar Municipality Act.

The allegation made in the F.I.R. is that the petitioner

and other co-accused were running unlicensed cow slaughter

house. They were doing illegal business of cow meat and due to

bad smell, the nearby people were facing health problem, in

addition to that the allegation made in the F.I.R. that there is

probability of apprehension of peace on the ground of religious

sentiments. It has also been alleged that due to their action, the

Patna High Court CR. MISC. No.9123 of 2022(2) dt.14-06-2022

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religious sentiments is also effected and the nearby people are

the great sufferer.

Learned counsel for the petitioner submits that police

has filed this case which is completely false. Petitioner has no

way concern with the seized article and he is completely

unaware about the illegal transportation of beef. He further

submits that petitioner is in custody since 23.09.2021. Learned

counsel for the petitioner further submits that there were nine

persons, who filed anticipatory bail before this Court, during

pendency, two were arrested and rest seven were granted

anticipatory bail vide order dated 01.02.2022 passed in Cr. Misc.

No. 28033 of 2021 with Cr. Misc. No. 28691 of 2021. Learned

counsel for the petitioner further submits that Section 429 of the

I.P.C. is bailable, Section 153A and 295A of I.P.C. are not

applicable in the present case at all. He further submits that

Section 11 of Prevention of Cruelty to Animals Act, 1960

provided maximum punishment of three months only therefore

bailable and Section 429 of Bihar Municipality Act, 2007

provides punishment for six months only, therefore, section 429

is also bailable.

Learned A.P.P. for the State, Mr. Jagdhar Prasad

opposes the prayer of bail on the ground that Constitution of

Patna High Court CR. MISC. No.9123 of 2022(2) dt.14-06-2022

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India is supreme legislation of the land and Article 48 of the

Constitution of India creates duty on the state to close the cow

slaughter. He further prays that though Section 429 is bailable

but the punishment is five years. He further submits that

Sections 153A and 295A are non-bailable offences in which

maximum punishment is 3 years. He further submits that in

compliance of the Constitution Vision as indicated in

Art. 48 of Constitution, the State of Bihar has already enacted

local laws namely Bihar Preservation and Improvement of

Animals Act, 1955, whose Section 3 categorically indicates

about the Prohibition of Slaughter of cow, calf, bull, bullock or

she-buffalo for which there is a provision of imposing penalty

under Section 3 which may extend to six months or fine.

Learned counsel for the State further submits that under the

Prevention of Cruelty to Animals Act, 1960 which has been

made specially to prevent the infliction of unnecessary ban or

suffering of animals and Prevention of Cruelty to A