Asraf Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12902 of 2022 Arising Out of PS. Case No.-570 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== ASRAF QURAISHI SON OF ABBAS QURAISHI R/O VILLAGEBAJARKAR, P.S.- BARACHATTI, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 147, 148, 149, 323, 341, 354B, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the seven named accused persons including the petitioner herein as also 28 to 30 other accused are said to have come variously armed with lathi, danda, revolver etc. It is stated that Tinku Quarishi caught hold of the informant with bad intention. Thereafter three accused persons including the petitioner herein assaulted the informant. On the informant escaping Rinku fired while others were abusing. The shot fired hit the informant in her left leg. She was

Patna High Court CR. MISC. No.12902 of 2022(5) dt.19-12-2022 2/3 taken to Magadh Hospital for better treatment. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. There is a delay of two days in lodging the FIR. The petitioner is in custody since 26.10.2021 and charge-sheet has been submitted in the case.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but he has actively participated in the occurrence. He is also accused in several cases from before. As such it is prayed that the application for bail be rejected Having heard learned counsel for the parties and taking into consideration the nature of allegation leveled against the petitioner in the FIR together with the petitioner having remained in custody for more than 1 year since 26.10.2021 and charge-sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Barachati P.S. Case no. 570 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M,

Patna High Court CR. MISC. No.12902 of 2022(5) dt.19-12-2022 3/3 Sherghati, Gaya.

(Partha Sarthy, J) Prakash/- U