Mumtaz Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2035 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- CHENARI District- Rohtas ====================================================== 1.

Mumtaz Quraishi Son of Maisur Quraishi Resident of Village - Khurmabad, P.S.- Chenari, District- Rohtas 2.

Shatiyan Quraishi @ Sufiyan Quraishi Son of Maisur Quraishi Resident of Village - Khurmabad, P.S.- Chenari, District- Rohtas 3.

Nathuni Quraishi Son of Late Idu Quraishi Resident of Village - Khurmabad, P.S.- Chenari, District- Rohtas 4.

Samsher Quraishi @ Samsher Mian Son of Late Jadu Quraishi Resident of Village - Khurmabad, P.S.- Chenari, District- Rohtas .. ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajani Kant Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 22-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Chenari P.S. Case No. 162 of 2018 registered under Sections 147, 323, 341, 307, 504, 414 of the Indian Penal Code and Section 3(i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and section 11(a) (d) (e) (g) of the Prevention of Cruelty to Animal Act. Submission of learned counsel for the appellants is that similarly situated co-accused persons have already been allowed bail by a Bench of this Court vide Cr. Appeal (SJ) No. 589 of 2019 on 26.02.2019.

Patna High Court CR. APP (SJ) No.2035 of 2019 dt.22-05-2019 2/2 Learned Spl. P.P. opposed the prayer of the appellant no. 5 by contending that there is direct allegation of assault by means of lathi against him by calling caste name. Hence, appellant no. 5 does not deserve anticipatory bail. Having heard both sides and in the facts and circumstances of the case, prayer of the appellant no. 5 Samsher Quraishi @ Samsher Mian, is rejected and at the same time, the above named appellants no.1 to 3 are directed to be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, Rohtas at Sasaram in connection with Registered Case No. 228 of 2018 arising out of Chenari P.S. Case No. 162 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is partly allowed and the impugned order is set aside, except appellant no. 4. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date