Md. Arif Quraishi @ Rishu @ Arif Qureshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5294 of 2023 Arising Out of PS. Case No.-414 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Md. Arif Quraishi @ Rishu @ Arif Qureshi Son Of Md. Manan Qureshi @ Md. Mannan Qureshi Resident Of Mohalla - Khajpura, P.S.- Hawai Adda, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302 read with Section 34 of the Indian Penal Code.

As per prosecution case, informant alleged that on 12.07.2022 his brother was called by accused persons and meanwhile co-accused Md. Faiz said to the informant's brother to bring water but he did not go, on this matter the three aforesaid persons started abusing and gave knife blow due to which brother of the informant sustained injury. After

Patna High Court CR. MISC. No.5294 of 2023(2) dt.07-04-2023 2/3 that he was taken to hospital, where his brother was declared dead.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused Md. Shahid @ Sahil. Informant is not an eye witness of the alleged occurrence rather Md. Irfan was the eye witness and he has not supported the complicity of this petitioner. Neither petitioner is named in the FIR nor he has got any criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 15.07.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shastrinagar P.S. Case No. 414 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.5294 of 2023(2) dt.07-04-2023 3/3 amount each to the satisfaction of learned Additional Sessions Judge-XIth, Patna.

(Sunil Kumar Panwar, J) Manish/- U T