Taj Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12295 of 2019 Arising Out of PS. Case No.-301 Year-2018 Thana- SULTANGANJ District- Patna ====================================================== Taj Quraishi, aged about 25 years, male, Son of Alimuddin Quraishi, Resident of Sasaram, Sahjalal Pir, P.S.-Nagar, District-Rohtas, At present residing at Shahganj, Chhapagali, P.S.-Sultanganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Dubey, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.10.2018 in a case registered for the offence punishable under Section 414 of the Indian Penal Code.

The prosecution case as per the written report of Dinesh Chandra Srivastava, Inspector-cum-SHO, Sultanganj Police Station is to the effect on 24.10.2018, during patrolling, a

Patna High Court CR. MISC. No.12295 of 2019(2) dt.28-02-2019 2/3 secret information was received that the petitioner and his maternal son, Guddu @ Takla are selling stolen mobile phones in the house of the petitioner, whereupon, a raid was laid and on seeing the police party, two persons tried to flee away from the scene, but on chase being made, one person was apprehended and the other persons managed to escape from the scene. The apprehended accused person disclose his name as Taj Quraishi (the petitioner), from whose possession, one mobile phone was recovered.

It is submitted by learned counsel for the petitioner that though from the possession of the petitioner, only a mobile phone was recovered but the recovered mobile belongs to his relative and only on the basis of suspicion, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that recovery has been made from the possession of the petitioner. Considering the fact that investigation has already been concluded and the petitioner has not been put on T.I. parade, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent,

Patna High Court CR. MISC. No.12295 of 2019(2) dt.28-02-2019 3/3 let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Patna City, Patna in connection with Sultanganj P.S. Case No.301 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T