Tunnu Quraishi @ Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26573 of 2020 Arising Out of PS. Case No.-487 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== TUNNU QURAISHI @ KAMAL Son of Abdul Kudus Quraishi @ Kudus Quraishi Resident of Quraishi Mohalla, P.S.- Aurangabab Town, DistrictAurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr.Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 332, 333, 337, 338, 353, 186, 307, 504, 506, 427 and 386 of the Indian Penal Code, 3 and 4 of Explosive Substance Act, 3 and 4 of

Patna High Court CR. MISC. No.26573 of 2020(2) dt.05-11-2020 2/3 Prevention of Damage to Public Property Act, 27 of the Arms Act and 67 of I.T. Act, 2008.

The prosecution case, in short, is that the accused persons forming an unlawful assembly were protesting against the Bills passed by the government.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Altogether 85 persons were named in the F.I.R. including the petitioner. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. As per the F.I.R., the petitioner is said to be a member of the mob which was protesting against the Bills. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.26573 of 2020(2) dt.05-11-2020 3/3 Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 487 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T