Meraj Quraisi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3433 of 2015 Arising Out of PS.Case No. -3597 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Meraj Quraisi

2. Reyaz Quraisi.

3. Ezaj Quraisi @ Boch Quraisi @ Boch.

4. Hamid Quraisi.

5. Rashid Quraisi.

6. Javed Quraisi.

7. Kalam Quraisi.

8. Nizam Quraisi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sangeeta Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 147, 323, 325 and 380/34 of the Indian Penal Code. It is alleged that the accused persons including the petitioners came variously armed and assaulted the complainant with blunt portion of Bhujali and danda and also snatched cash amount.

It is submitted by learned counsel for the petitioners that for the occurrence of 09.11.2013 at 8.30 PM, the injury report was

Patna High Court Cr.Misc. No.3433 of 2015 (2) dt.27-01-2015 2/2 prepared on the same day at 4.10 PM on the basis of which earlier the nephew of the present complainant lodged Khaira P.S. Case No. 115 of 2013 on 18.11.2013 alleging the occurrence of 10.11.2013, though, there is counter version of the occurrence also but considering the fact that the injury was prepared prior to the time of occurrence, the petitioners were granted bail in Khaira P.S. Case No. 115 of 2013, thereafter, alleging the occurrence of 09.11.2013, the present complaint was filed on 22.11.2013 taking shelter to the same injury report which reflects the timing of examination of the injured prior to the time of the occurrence.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Saran at Chapra in connection with Complaint Case No. 3597 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.