Nanhe Kuraishi@ Md Nanhe Kuraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15688 of 2022 Arising Out of PS. Case No.-343 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

NANHE KURAISHI@ MD NANHE KURAISHI Son of Yusuf Kuraishi @ Usuf Kureshi Resident of Village - Kalibagh, Ward no.12, Gadwan Toli, P.S.- Bettiah Town (Kalibagh O.P.), Distt.- West Champaran. 2.

Ansar Kuraishi @ Md. Ansar Kuraishi @ Jhunna Son of Yusuf Kuraishi @ Usuf Kureshi Resident of Village - Kalibagh, Ward no.12, Gadwan Toli, P.S.- Bettiah Town (Kalibagh O.P.), Distt.- West Champaran. 3.

Kuttu Kuraishi @ Nausad Kuraishi Son of Yusuf Kuraishi @ Usuf Kureshi Resident of Village - Kalibagh, Ward no.12, Gadwan Toli, P.S.- Bettiah Town (Kalibagh O.P.), Distt.- West Champaran. 4.

Mitthu Kuraishi @ Md. Mitthu Kuraishi @ Md. Afsar Kuraishi @ apsar Kuraishi Son of Yusuf Kuraishi @ Usuf Kureshi Resident of Village - Kalibagh, Ward no.12, Gadwan Toli, P.S.- Bettiah Town (Kalibagh O.P.), Distt.- West Champaran.

5.

Dulare Kuraishi @ Dilsad Kuraishi @ Dilshad @ Md. Dulare Kuraishi Son of Yusuf Kuraishi @ Usuf Kureshi Resident of Village - Kalibagh, Ward no.12, Gadwan Toli, P.S.- Bettiah Town (Kalibagh O.P.), Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Pranav Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2022 Earlier, vide order dated 08.04.2022, the prayer for anticipatory bail of petitioner no. 4 (Mitthu Kuraishi) has already been dismissed as withdrawn.

Today, after some argument, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition in respect of petitioner no. 1 (Nanhe Kuraishi) and petitioner no. 5 (Dulare Kuraishi).

Patna High Court CR. MISC. No.15688 of 2022(3) dt.23-08-2022 2/3 Permission is accorded. The anticipatory bail petition stands dismissed as withdrawn so far as petitioners no. 1 & 5 are concerned.

Re: Prayer for bail of petitioners no. 2 & 3 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

It is submitted on behalf of petitioners that though, as per the F.I.R., there is allegation of assault against petitioners no. 2 & 3, but the injury has been found to be simple in nature. There is case and counter case and both sides sustained injury. Petitioners (petitioners no. 2 & 3) have got clean antecedent. Learned A.P.P. for the State has opposed the prayer for bail of petitioners.

Considering the aforesaid facts and circumstances, let the above named petitioners no. 2 & 3, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 343 of 2020,

Patna High Court CR. MISC. No.15688 of 2022(3) dt.23-08-2022 3/3 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T