Raja Quraishi @ Sarfaraj Quraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48493 of 2025 Arising Out of PS. Case No.-452 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Raja Quraishi @ Sarfaraj Quraishi S/o Shaukat Kuraishi R/o VillageMeerpur, P.S.- Hantarganj, Dist.- Chatra (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seek/s bail in a case registered for the offences under Sections 310(2), 311, 61(2) of B.N.S.
3. The prosecution case in brief is that while the informant was present at his shop, three persons arrived there and they took out Rs. 15 lacs from the cash box of the shop and they also looted gold ornaments worth Rs. 9 lacs and three mobile phones.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel further submits that no incriminating material has been recovered from the possession of the petitioner. Learned counsel next submits that similarly situated
Patna High Court CR. MISC. No.48493 of 2025(2) dt.25-07-2025 2/3 accused person namely Shamsher Quraishi has been granted bail by this Court vide order dated 06.05.2025 passed in Cr. Misc. No. 88716/2024. It is lastly submitted that the petitioner has 11 criminal antecedents and that is the reason that he has been implicated in this case, despite the petitioner being in custody since 06.11.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account that petitioner is not named in the FIR and till date no TIP has been conducted to identify the petitioner as one of the miscreants and also considering the period of custody, let the petitioner above-named be enlarged on bail on furnishing bail bond 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 case is pending/successor court in connection with Sherghati P.S. Case No. 452/2024 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
Patna High Court CR. MISC. No.48493 of 2025(2) dt.25-07-2025 3/3 c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) tusharika/- U