Md. Reyaz Quraishi @ Md. Reyazuddin Quraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21386 of 2022 Arising Out of PS. Case No.-563 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== MD. REYAZ QURAISHI @ MD. REYAZUDDIN QURAISHI SON OF ABBAS QURAISHI R/O VILLAGE- BAJARKAR, P.S.- BARACHATTI, DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priya Ranjan, Adv.
Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 448, 323, 354B, 427, 307, 341, 504, 506 of the Indian Penal Code and section 27 of the Arms Act.
Allegedly all the FIR named accused persons including the petitioner armed with deadly weapons, with an intention of robbery entered into the house of informant and assaulted the
Patna High Court CR. MISC. No.21386 of 2022(2) dt.24-08-2022 2/3 informant's side and tried to outrage modesty of lady members. They also fired upon the informant but he saved himself. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. FIR has been lodged against 33 named and 22-25 unknown accused persons. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. No fired cartridge has been recovered from the spot and there is case and counter-case between the parties. Petitioner has six criminal antecedent and several similarly situated co-accused persons have been enlarged on bail by the court below itself.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, considering that there is general and omnibus allegation against all the accused persons, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.21386 of 2022(2) dt.24-08-2022 3/3 satisfaction of the learned court below where the case is pending/Successor Court in connection with Barachati P.S. Case No.563 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T