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Patna High CourtCR. MISC./71781/2018bail granted

Md. Khurshid Quraishi And ORS v. The State Of Bihar

2019-01-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71781 of 2018 Arising Out of PS. Case No.-232 Year-2018 Thana- DUMRAO DistrictBuxar ======================================================

1. Md. Khurshid Quraishi

2. Md. Rashid Quraishi @ Md. Rasid Quraishi

3. Md. Shahid Quraishi @ Md. Shahid Qurauli

4. Md. Guddu Quraishi @ Md. Guddu Quraisi All son of Md. Yahiya Quraishi, resident of Village- Naya Bhojpur, P.S. Dumraon (Naya Bhojpur O.P.) Distt- Buxar.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Dr. Shashi Shekhar Kishore, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 447, 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code registered in connection with Dumraon (naya Bhojpur O.P.) P.S. Case No. 232 of 2018.

3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. The accusations are general and omnibus in nature and no specific assault is attributed to the petitioners. There is no injury to support the accusation of assault by the accused persons. Similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 56065 of 2018. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the

Patna High Court Cr.Misc. No.71781 of 2018(3) dt.18-01-2019 2/2 petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon (Naya Bhojpur O.P.) P.S. Case No. 232 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors of each of the petitioners shall be their close relatives other than of the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/BT U T