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Patna High CourtCR. MISC./55014/2025allowed

Ibrar Quraishi @ Ibrar Kuraishi v. The State Of Bihar

2025-08-27Mr. Justice Alok Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55014 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Ibrar Quraishi @ Ibrar Kuraishi S/o Late Bhuar Quraishi R/o Village -Muradabad, P.O - Muradabad, P.S- Sasaram (Mufassil), District - Rohtas at sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Sasaram (Muffasil) P.S. Case No. 118 of 2025 registered for the offences punishable under Sections 190, 191, 192, 132, 109, 121(1), 121(2), 125(a), 125(b), 262, 263 of B.N.S., 2023.

3. As per prosecution case, the informant alongwith police officials proceeded to arrest the accused, namely, Tahir Quraishi son of Sidhu Quraishi and Khalil Quraishi son of Tahir Quraishi of Sasaram (Muffasil) P.S. Case No. 194 of 2024 registered under Sections 341, 323, 504, 506, 34 of I.P.C. and Section 12 of POCSO Act. It is alleged that police reached the

2/4 house of both accused persons and raided their house. It is alleged that both accused persons were apprehend from the said house. In retaliation of apprehension of said accused persons, relatives of the said accused persons alongwith villagers gathered and started protesting against the police and also started pelting bricks and stones upon the police officials and also tried to snatch their weapons. It is alleged that in the said occurrence, police officials sustained injury. It is further alleged that they also managed to release both accused persons from the clutches of police custody. Local chaukidar disclosed the name of 26 accused persons including the petitioner who made hindrance in discharging the official duty of police officials.

4. Learned counsel for the petitioner submits that local chaukidar disclosed the name of 26 FIR named accused persons including the petitioner and he also identified 20-25 unknown accused persons. Petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears criminal antecedent of three cases in which he is on bail. He further submits that just because of having criminal antecedents, he has falsely been implicated in the present case in a routine manner without any basis. He further submits that petitioner is merely a member of mob. No specific overt-act is attributed

3/4 against the petitioner. There is nothing on record to connect the present petitioner with the alleged occurrence. It has been orally submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram (Muffasil) P.S. Case No. 118 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS.

7. The application stands allowed.

8. However, it is made clear that if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court is not co-operating in the investigation,

4/4 in that event, the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

(Alok Kumar Pandey, J) alok/- U T