Ayaz Quraishi @ Md. Ayyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19587 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== Ayaz Quraishi @ Md. Ayyaz, Son of Late Ansar Quraishi, Resident of village - Mullachak, P.S.- Mauzahidpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-06-2023 Heard Mr. Manoj Kumar, learned counsel appearing on behalf of the petitioner and the learned APP for the State. The petitioner apprehends his arrest in connection with Suryagarha (Manikpur) P.S. Case No. 110 of 2022 registered for the offence punishable under Sections 341, 323, 448, 307, 379, 504 and 506/34 of the Indian Penal Code. It is alleged that while the informant was present in his house along with his family members, in the meantime, all the FIR named accused persons and 3-4 unknown persons came their and started abusing the informant and his family members. On protest being made, the petitioner and one 'Riyaz Quraishi' both of them assaulted the sons of the informant due to which they sustained head injury. It is also alleged that co-accused persons snatched valuables of the daughter of the informant.

Patna High Court CR. MISC. No.19587 of 2023(2) dt.14-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submits that both the parties are close relatives and there is a land dispute resulting into a free fight between the persons of both the sides. There is a counter version of the present case being Suryagarha (Manikpur) P.S. Case No. 109 of 2022, which is earlier on the point of time, the copy of which has been annexed as Annexure - 2 to the bail petition. He further submits that the injury sustained to both the sons of the informant have been found to be simple in nature caused by hard and blunt substances. He lastly submits that in fact the persons of the petitioner side have also sustained injury, however, the prosecution has failed to explain the injury sustained to them.

On the other hand, learned APP for the State vehemently opposes the pre-arrest bail application of the petitioner and submits that specific allegation has been levelled against the petitioner, who assaulted the sons of the informant.

Patna High Court CR. MISC. No.19587 of 2023(2) dt.14-06-2023 3/3 period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Suryagarha (Manikpur) P.S. Case No. 110 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Harish Kumar, J) shivank/- U T