Chandu Quraishi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36815 of 2015 Arising Out of PS.Case No. -135 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. Chandu Quraishi Son of Yusuf Quraishi
2. Wahid Quraishi @ Washid Quraishi Son of Latif Quraishi
3. Barat Quraishi Son of Chhatu Quraishi
4. Wakil Quraishi Son of Chhatu Quraishi
5. Taufique Son of Birgal Quraishi All resident of village / Mohalla - Pirahibag, Police Station - Daudnagar, District - Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Anish Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-09-2015 At the outset, it is submitted by learned counsel for the petitioners that petitioner no.5 Taufique has been arrested. Hence, this application so far as it relates to petitioner no. 5 has become infructuous.
Heard learned counsels for the petitioners and the State.
The petitioner nos. 1 to 4 are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,332,333 and 307 of the Indian Penal Code and section 27 of the Arms Act.
The prosecution case is that a mob of Hindu and
Patna High Court Cr.Misc. No.36815 of 2015 (2) dt.11-09-2015 2/3 Muslim communities raised slogans and attacked each other. It is alleged that Munna Naushad armed with sword and other unknown persons started attacking people on road. When Bhola inquired about the matter co accused Aziz ordered to kill him when Munna attacked Bhola with sword causing injury on his head. It is further alleged that when Ajay yadav and Birendra Yadav came to rescue Bhola, co accused Jahangir Quraishi threw explosives and co accused Chhotu Quraishi resorted to fire. It is alleged that petitioners were members of the mob.
It is submitted by the learned counsel for the petitioners that specific overt act has not been levelled against the petitioners and there is counter version of the occurrence also.
Considering the aforesaid facts, let the above named petitioner nos. 1 to 4 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar in connection with Daudnagar P.S. Case No.135 of 2015 subject to the conditions as laid
Patna High Court Cr.Misc. No.36815 of 2015 (2) dt.11-09-2015 3/3 down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T