Aslam Quraishi @ Md. Aslam Quraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14204 of 2024 Arising Out of PS. Case No.-726 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== Aslam Quraishi @ Md. Aslam Quraishi S/O Shakeel Quraishi R/O VillageSamaspur, P.S.- Belaganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Sinha, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Belaganj P.S. Case No. 726 of 2022 instituted for the offence punishable under Sections 341, 342, 354(A), 323, 379, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, when the informant and her daughter went towards 'Ahar' to attend the call of nature in the meantime the accused persons came, surrounded and thereafter on the pistol point took her daughter. When the informant raised alarm, was also assaulted. As the villagers heard scream, the accused persons fled away.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.14204 of 2024(2) dt.04-03-2024 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. Petitioner is not named in the F.I.R. rather his name surfaced in this case during the course of investigation. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. During course of investigation, no cogent material comes on record to show the involvement of the petitioner in the alleged occurrence.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. From perusal of the F.I.R. and impugned order dated 06.01.2024, it appears that petitioner is not named in the F.I.R. and his name surfaced in this case on the basis of restatement of informant. The other named co-accused Md. Arif Khan @ Arif Khan has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.12.2023 passed in Cr. Misc. No. 68341 of 2023. Petitioner has got no criminal antecedent and he is in custody since 13.12.2023 accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special
Patna High Court CR. MISC. No.14204 of 2024(2) dt.04-03-2024 3/3 Judge, POCSO Court-cum-Additional District and Sessions Judge-VI, Gaya in connection with Belaganj P.S. Case No. 726 of 2022.
(Ramesh Chand Malviya, J) lata/- U T