Gunnu Kuraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34873 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== 1.

Gunnu Kuraishi Son of Jumman Kuraishi Resident of Village- Hussainabad, P.S.- Ariyari, Dist.- Seikhpura 2.

Jhunnu Kuraishi Son of Jumman Kuraishi Resident of Village- Hussainabad, P.S.- Ariyari, Dist.- Seikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-08-2024 Heard the parties.

The petitioner is in custody in connection with Ariyari P.S. Case No. 350 of 2023 for the offences punishable under sections 506, 379, 341, 323, 307, 504 and 34 of the Indian Penal Code lodged on 16.11.2023 by the informant, Naushad Kuraishi.

From the allegation that has come, it is clear that direct allegation is against Azad Kuraishi and Jhannu Kuraishi (petitioner no.2) and he also criminal antecedent and in that background, his bail application stands rejected. So far as petitioner no. 1 (Gunnu Kuraishi) is concerned, omnibus allegation is against him and though the

Patna High Court CR. MISC. No.34873 of 2024(3) dt.23-08-2024 2/3 learned counsel appearing on behalf of the informant tried to show to this Court that he also has criminal antecedent, the order sheet of learned Sessions Judge is clear that he do not have any criminal antecedent.

In that background, this Court is inclined to extend him the priviledge of bail with conditions.

As per the prosecution story, Learned counsel for the petitioner submits that..... Learned APP opposes the prayer for bail.

Taking into account......, this Court is inclined to extend him the privilege of bail with conditions. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M 1ST, Seikhpura in connection with Ariyari P.S. Case No. 350 of 2023 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.34873 of 2024(3) dt.23-08-2024 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U