Munna Kuraishi @ Md. Munna Kuraishi @ Moiz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21163 of 2019 Arising Out of PS. Case No.-730 Year-2017 Thana- NAWADA District- Nawada ====================================================== 1.

Munna Kuraishi @ Md. Munna Kuraishi @ Moiz Son of Late Rabbani Kuraishi Resident of village- Madauhi, Faijul, Badi Road, Nawada, P.S.- Nawada, Town, District- Nawada.

2.

Md. Bulbul Kuraishi @ Bulbal Kuraishi @ Tanvir @ Tanvir Kuraishi Son of Munna Kuraish @ Md. Munna Kuraish @ Moiz. Resident of villageMadauhi, Faijul, Badi Road, Nawada, P.S.- Nawada, Town, DistrictNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of bail in connection with Nawada Town P.S. Case No. 730 of 2017 registered for the offence punishable under sections 447,448,341,323,324,147,148,149 and 302 of the Indian Penal Code.

As per the allegation in the FIR, 11 named accused persons including these two petitioners are alleged to have come to the house of the informant variously armed and it is further alleged that Md. Naushad Kuraishi and Md. Golden Kuraishi assaulted the brother of the informant with rod. Other accused persons are also alleged to have assaulted with lathi etc.

Patna High Court CR. MISC. No.21163 of 2019(4) dt.02-08-2019 2/2 It is submitted by learned counsel for the petitioners that from the FIR itself it would transpire that the main allegation of assault with rod is specifically on Md. Naushad Kuraishi and Md. Golden Kuraishi and not against these petitioners. The petitioners have no criminal antecedent and they are in custody since 19.12.2018.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties, taking into consideration the fact that the main allegation in the FIR is not against these petitioners who have no criminal antecedent and that the petitioners are in custody since 19.12.2018, the Court is inclined to enlarge the petitioners on bail. Let the petitioners above named be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 730 of 2017. (Partha Sarthy, J) Prakash/- U