Md. Faiz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4779 of 2026 Arising Out of PS. Case No.-59 Year-2025 Thana- MESKAUR District- Nawada ====================================================== 1.

Md. Faiz son of Safikuddin Resident Of Village- Badosar, Post OfficeAarandi, Ps- Meskaur, Dist- Nawada 2.

Md. Kayum @ Md. Kayum Ansari @ Kayam Ansari son of Tazuddin Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, DistNawada 3.

Gulam Saravar son of Abdul Azij Resident Of Village- Badosar, Post OfficeAarandi, Ps- Meskaur, Dist- Nawada 4.

Md. Sahab Quraishi @ Sahab Quraishi Son of Late Bashir Quraishi Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 5.

Md. Gore Quraishi @ Gore Quraishi Son of Nehal Quraishi Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 6.

Iqbal Quraishi son of Late Subejan Quraishi Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 7.

Md. Mustakim @ Mustkim Quraishi son of Late Jasim Quraishi Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 8.

Md. Dilnawaj @ Dilnawaj Quraishi son of Md. Sahab Quraishi Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 9.

Md. Mustaq Warsi @ Mustaq Ansari @ Mustaq Warsi son of Mumtaj Ansari Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, DistNawada 10.

Md. Safik @ Safikuddin son of Late Abdul Azij Resident Of VillageBadosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 11.

Md. Danish @ Danish Ansari Son of Late Jhuman Mian Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 12.

Md. Aftab son of Late Reyaj Ansari Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 13.

Subejan Quraishi son of Late Azim Quraishi Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 14.

Amin Quraishi @ Md. Amin Quraishi son of Shami Quraishi Resident Of Village- Badosar, Post Office- Aarandi, Ps- Meskaur, Dist- Nawada 15.

Md. Sahanwaz Quraishi @ Sahanwaz Quraishi @ Md. Sahanwaz Son of Sahab Quraishi Resident Of Village- Badosar, Post Office- Aarandi, PsMeskaur, Dist- Nawada ... ... Petitioner/s

Versus

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

2/5 For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary Mr.Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-03-2026

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2, namely, Md. Kayum @ Md. Kayum Ansari @ Kayam Ansari, who was arrested during pendency of the instant anticipatory bail application.

3. Permission is accorded.

4. Accordingly, instant petition is dismissed as withdrawn with respect to petitioner no.2, namely, Md. Kayum @ Md. Kayum Ansari @ Kayam Ansari.

5. The rest petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 74, 118(1), 3(5) of the B.N.S.

6. The learned counsel for the petitioners submits that the petitioner nos.1, 4, 11 and 12 have antecedent of one case and rest of the petitioners are persons with clean antecedent and the informant alleges that on account of an altercation with Md. Asif Qurashi a few days back, 20 named accused persons

3/5 including the petitioners came and Md. Faiz (petitioner no.1) assaulted Md. Ashique causing injury on head and Sahab Qurashi assaulted Md. Iqbal by garasa causing injury on head and accused persons acted inappropriately with female members of the family.

7. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assault is against petitioner nos. 1 and 4. It is next submitted that as far as rest of the petitioners are concerned, the allegation against them are general and omnibus in nature. It is further submitted that even injury suffered by the injured has been opined to be simple in nature as would manifest from Annexure-4 to the anticipatory bail application.

8. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that the injury suffered by the injured has been opined to be simple in nature, but then, the learned counsel appearing on behalf of the informant submits that petitioner

4/5 nos.3, 10 and 15 have not approached this Court with clean hands. It is submitted that they also have criminal antecedent, but then, in the anticipatory bail application at Para-3, it is pleaded that petitioner no.1, 4, 11 and 12 only have one criminal antecedent.

9. After hearing the learned counsel for the parties, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Meskaur P. S. Case No.59 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

10.

The application stands allowed.

11.

However, the criminal antecedent of the petitioners shall be verified by the learned Trial Court and if the learned Trial Court comes to a conclusion that petitioner nos.3, 5, 6, 7, 8, 9, 10, 13, 14 and 15 have antecedent of even one case, in that event, their anticipatory bail application shall not be confirmed, but if it is found that they are persons with clean

5/5 antecedent, in that event, the provisional anticipatory bail bonds shall be confirmed forthwith.

(Satyavrat Verma, J) vikash/- U T