Jamal Kuraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29596 of 2022 Arising Out of PS. Case No.-298 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== JAMAL KURAISHI Son of Late Jabber Kuraishi Resident of Village - Shahjalal Peer, P.S.- Sasaram Town, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 448, 379, 427, 290 and 385 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

The informant alleges that on 28.04.2021 at about 10:00 p.m. when she was at home, the accused persons including the petitioner entered her house by breaking the door and assaulted her and her daughter-in-law. Thereafter, Chhotu Kuraishi snatched golden earring of her daughter-in-law and

Patna High Court CR. MISC. No.29596 of 2022(2) dt.16-11-2022 2/3 Pipal Kuraishi took T.V. from her house and petitioner fired in the air.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner and the informant are neighbours. It is next submitted that since there is dispute from before, as such, the accused persons have been falsely implicated. It is also submitted that since informant was knowing the petitioner, as such, why the petitioner would have committed an occurrence of committing theft in the house and thus would have created evidence against himself. It is further submitted that as far as allegation of firing is alleged, the same is ornamental.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.29596 of 2022(2) dt.16-11-2022 3/3 case is pending/successor court in connection with Sasaram Town P.S. Case No. 298 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T