Abdulla Quraishi @ Abdula Quraishi @ Abdullah Arvi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25902 of 2019 Arising Out of PS. Case No.-739 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== Abdulla Quraishi @ Abdula Quraishi @ Abdullah Arvi, aged about 45 years, Male, S/o Late Jamil Quraishi, Resident of Kaji Tola, P.S.- Ara Town, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner, the informant and learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Ara Town P.S. Case No. 739/2018 registered for the offence punishable under Sections 387, 302 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Submission is that Khursid Mian and Naiyar Miya opened indiscriminate firing on the informant's brother due to which the informant's brother sustained pillet injuries and dead at the spot and thereafter further alleged that Babali Mian and Samsher Mian opened fire on the informant which hit at stomach who fell down becoming unconscious. The petitioner is innocent, committed no offence and nothing incriminating has

Patna High Court CR. MISC. No.25902 of 2019(3) dt.27-06-2019 2/3 beens recovered from his possession and has been falsely implicated in the present case, who is in custody since 22.12.2018.

The co-accused have grant bail by this Hon'ble Court in Cr. Misc. No.19717 of 2019 dated 01.04.2019, Cr. Misc. No. 33552 of 2019 dated 22.05.2019 and Cr. Misc. No. 37894 of 2019 dated 26.06.2019 respectively.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Ara Town P.S. Case No. 739/2018 to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.25902 of 2019(3) dt.27-06-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) amitkumar/- U T