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Patna High CourtCR. MISC./5208/2025withdrawn

Md. Chhotan Quraishi @ Md. Naseer Quraish @ Md. Nasir Quraishi @ Nashir Quraishi v. The State Of Bihar

2025-05-09Mr. Justice Harish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5208 of 2025 Arising Out of PS. Case No.-386 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Md. Chhotan Quraishi @ Md. Naseer Quraish @ Md. Nasir Quraishi @ Nashir Quraishi Son of Late Idris Quraishi Resident of Mohalla /Village - Tedhi Bazar Shahsupan, P.S. - Laheriasarai, District - Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6008 of 2025 Arising Out of PS. Case No.-386 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

Md Chand Quraishi @ Md Chand Quaraishi S/O Chotan Quraishi @ Nasir Kuraishi R/o Mohalla - Tedhi Bazar Shahsupan, P.S. - Laheriasarai, Distt.- Darbhanga 2.

Md Raja Quraishi S/o Chotan Quraishi @ Md Nasir Kuraishi R/o Mohalla - Tedhi Bazar Shahsupan, P.S. - Laheriasarai, Distt.- Darbhanga 3.

Md Quadir Quraishi @ Md Kadir Kuraishi @ Md Kadir S/o Equbal Quraishi R/o Mohalla - Tedhi Bazar Shahsupan, P.S. - Laheriasarai, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 5208 of 2025) For the Petitioner/s :

Mr. Kedar Jha, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP (In CRIMINAL MISCELLANEOUS No. 6008 of 2025) For the Petitioner/s :

Mr. Kedar Jha, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-05-2025 Re: Cr. Misc. No. 5208 of 2025 Mr. Kedar Jha, learned Advocate for the petitioner in presence of Mr. Satyendra Narayan Singh, learned APP for the

2/4 State, at the outset, submits that during the pendency of the bail application, the petitioner got arrested and, as such, he seeks permission to withdraw the present application.

2. In view, thereof, the present bail application stands dismissed as withdrawn.

Re: Cr. Misc. No. 6008 of 2025

3. Learned Advocate for the petitioners, informed this Court that submit that during the pendency of the bail application, petitioner no. 3 got arrested and, as such, he is not pressing the bail application on his behalf.

4. The petitioner nos. 1 and 2 apprehending their arrest in connection with Laheriasarai P.S. Case No. 386 of 2022, registered for the offences punishable under Sections 341, 323, 447, 307, 379, 504, 354A and 506/34 of the Indian Penal Code.

5. Allegedly, on the retaliation of the protest made by the informant against the eve teasing, all the accused persons armed with weapons came at the informant's house and started abusing. It is specifically alleged that co-accused Md. Eqbal gave an iron rod blow over the temple of the informant whereas co-accused Md. Chotan Quraishi gave iron rod over his head, due to which he sustained grievous injury.

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6. Learned Advocate for the petitioners contended that in fact on account of a dispute in between two groups of Moharram Akhara , the informant sustained injury. But only in order to wreck vengeance, the name of the entire family has been implicated in this case. The alleged occurrence took place on 08.02.2022-09.02.2022, but the present FIR came to be lodged on 14.08.2022, without there being any explanation. Moreover, the specific allegation has been levelled against coaccused Mr. Eqbal and Md. Chotan Quraishi, who are not before this Court. The petitioners have absolutely fair antecedent and they undertake before this Court; they will fully co-operate in the proceeding.

7. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime.

8. Regard being had to the submissions made on behalf of the parties and considering the fact that grievous injury sustained to the informant is not attributed to the petitioners, apart from the delay in lodging of the FIR and their fair antecedent, let the petitioner nos. 1 and 2 (Md. Chand Quraishi @ Md. Chand Quaraishi and Md. Raja Quraishi) above named be released on bail, in the event of their arrest or surrender

4/4 before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 386 of 2022, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) shivank/- U T