Md. Kalam Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4170 of 2025 Arising Out of PS. Case No.-203 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Md. Kalam Quraishi S/o Late Peer Mohammad R/o Village- Quraishi Mohalla, Paithani Toli, PS- Aurangabad, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. Case No. 203/2023 registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 186, 353, 504, 506, 427 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Allegedly, all the FIR named accused persons including the petitioner along with some unknown persons are said to have assaulted the informant and others brutally by means of deadly weapons due to which they sustained injuries.

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

Patna High Court CR. MISC. No.4170 of 2025(2) dt.07-02-2025 2/3 No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He has never indulged in any kind of arson. He was only trying to pacify the mob. There is no specific overt against him. He has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that the prayer for bail of one of the co-accused has been rejected by this Court. Hence, the petitioner does not deserve the privilege of anticipatory bail.

6. Considering the facts and circumstances of the case, the nature of the offence and the fact that the prayer for bail of similarly situated co-accused has already been rejected by this Court, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. Accordingly, the application stands dismissed.

8. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by

Patna High Court CR. MISC. No.4170 of 2025(2) dt.07-02-2025 3/3 this order considering the fact that petitioner has no criminal antecedent.

(Anjani Kumar Sharan, J) divyanshi/- U T