Jawaid Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.13555 of 2021 Arising Out of PS. Case No.-282 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== JAWAID QURAISHI Son of Late Satter Quraishi Resident of Village - Agthu, P.S.- Belaganj, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Kumar Ranjit Ranjan, Advocate For the Informant :

Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Belaganj P.S. Case No. 282 of 2020 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code.

As per the prosecution story, the son of the petitioner went to the house of informant and asked his ball for playing but the informant who was busy in some work said to give ball later on this the son of the petitioner started abusing him and called

Patna High Court CR. MISC. No.13555 of 2021(2) dt.29-07-2021 2/3 his family members. The petitioner assaulted the brother of the informant with an iron rod on his head causing serious injuries and took Rs. 1,200/- from his pocket and when the nearby people started to assemble at the spot, the petitioner and his family members fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence as alleged in the F.I.R. It is further submitted that the petitioner has been falsely implicated in this case. Learned counsel submits that the petitioner is in custody since 21.09.2020 having no criminal antecedent.

Learned counsel for the informant as well as learned A.P.P. for the State have opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein this Court has noticed that there is specific allegation of causing assault by iron rod and the said assault has caused linear fracture of left temporal bone in squamous part in anterobasal aspect of the injured, the kind of injury caused by the petitioner on the vital part of the body is such that this Court is not inclined to release the petitioner on bail at this stage. The prayer for bail is thus refused. Let the trial be expedited.

Patna High Court CR. MISC. No.13555 of 2021(2) dt.29-07-2021 3/3 The trial court is expected to conclude the trial as early as possible preferably within a period of nine months from the date of start of normal functioning of the court. If the trial remains unconcluded for no reason attributable to the petitioner within the aforesaid period, he may renew his prayer for bail.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.