Shamshad Quraishi @ Shamshad Kuraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7445 of 2025 Arising Out of PS. Case No.-263 Year-2024 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Shamshad Quraishi @ Shamshad Kuraishi S/o- Nasim Kuraishi @ Nasim Quraishi Moh- Sadpura Basawari Tola Ps- Kazimohammadpur DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Kazi Mohammadpur Police Station Case No. 263 of 2024, dated 14.09.2024, disclosing offences punishable under Sections 191(2)/191(3)/190/126(2)/115(2)/118/ 117(2)/109/303 (2) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that on 13.09.2024, at about 9PM, while the informant, along with his brother Azimullah, was going home and reached near Siddharth Hotel, the First Information Report named accused persons, along with 10-12 unknown persons, armed with butcher knife, farsa and

Patna High Court CR. MISC. No.7445 of 2025(2) dt.24-03-2025 2/3 iron-rod, stopped the informant and his brother and on the orders of co-accused Nurain Alam, co-accused Raja Quraishi assaulted the informant by means of knife, which hit him in his back and when the brother of the informant came in his rescue, the petitioner assaulted him by mean of farsa which hit him near his right eye. The coaccused Anjar Quraishi snatched gold chain of the informant, worth Rs. 1,20,000/-, co-accused Chhote Quraishi snatched Rs. 45,000/- from the pocket of the informant and co-accused Pakla Quraishi snatched gold bracelet from the informant's brother, worth Rs. 90,000/-.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that the petitioner has been implicated in this false case due to village politics and political rivalry. He further submits that the injured were not treated at government hospital; rather, they were treated at a private hospital and falsely injury reports of the injured were prepared by the private hospital on the instigation of the informant, who is the husband of the Ward Councillor.

5. On the other hand, learned Additional Public Prosecutor

Patna High Court CR. MISC. No.7445 of 2025(2) dt.24-03-2025 3/3 opposes the prayer for anticipatory bail and submits that from perusal of the impugned order, it would be evident that the brother of the informant has received fracture injury on the outer wall of his right frontal sinus, which has been opined by the doctor as grievous in nature.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner assaulted the brother of the informant, due to which he received fracture injury on the outer wall of his right frontal sinus, which is grievous in nature, I am not inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, dismissed (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √