Surya Quraishi @ Shamim Quraishi @ Shamim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12023 of 2025 Arising Out of PS. Case No.-387 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.
Surya Quraishi @ Shamim Quraishi @ Shamim Son of Jhunu Quraishi Resident of Village/ Mohalla - Quraishi Mohalla, P.S. - Aurangabad Town, District - Aurangabad, Bihar 2.
Danish Quraishi Son of Jhunu Quraishi Resident of Village/ Mohalla - Quraishi Mohalla, P.S. - Aurangabad Town, District - Aurangabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Advocate For the State :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Aurangabad Town P.S. Case No. 387 of 2023 for the offence under Sections 147, 149, 323, 334, 307, 354, 379, 427 and 504 of the Indian Penal Code, lodged on 06.06.2023 by the informant, Rahul Kumar Malakar.
3. As per the prosecution story, the informant alleged that altogether 80 persons came to the door of the informant carrying rods and after abuse, the assault took place, the allegation is/are follows:
i) Surya Quraishi (petitioner no.1) and Wasim Quraishi assaulted with iron rod;
2/4 ii) Danish Quraishi (petitioner no.2) started pressing his neck.
4. The further allegation of taking away of amount and gold chain. This led to the F.I.R.
5. Learned counsel for the petitioner submits that due to local enmity they have been named, the injury has been found to be simple in nature and the last submission is that without accepting the allegation or outcome of the petition the petitioners jointly intend to pay Rs.15,000/- by Demand Draft to the informant towards treatment issued by the local branch of the State Bank of India.
6. Learned APP opposes the prayer for bail submitting that the allegation is there against the petitioner.
7. Considering the submissions put forward by the parties as also that the injury has been found to be simple in nature, F.I.R. lodged, they shall be facing the trial, in that background, this Court is inclined to extend them the privilege of anticipatory bail subject to payment of Rs.15,000/- by Demand Draft to the informant issued by the local branch of State Bank of India and the receipt has to be submitted before the Trial Court and after checking credentials to be handed over to the informant.
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8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Town P.S. Case No. 387 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T