Naushad Kuraishi @ Naushad Alam @ Md. Naushad Kuraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52000 of 2018 Arising Out of PS.Case No. -730 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Naushad Kuraishi @ Naushad Alam @ Md. Naushad Kuraishi S/o Md. Samdani Kuraishi, R/o Vill.- Madauni Faijul Badi Road Nawada, P.S.- Town, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. For the Opposite Party : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 447, 448, 341, 323, 147, 148, 149, 302 of the Indian Penal Code.

The prosecution case, in brief, is that brother of the injured informant was assaulted by accused persons, as a result of which, informant's brother succumbed to the injuries. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in this case. Specific allegation of assault has been alleged against the co-accused

Patna High Court Cr.Misc. No.52000 of 2018 (2) dt.27-09-2018 namely Golden Quraishi and Naushad Quraishi. Subsequently, all the accused persons including the petitioner are said to have assaulted the informant and his brother. No specific injury has been attributed against the petitioner. General and omnibus allegation has been made against the petitioner. On behalf of the State and informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. There are as many as nine external injuries on the body of the deceased. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Nawada P.S. Case No. 730 of 2017 is rejected. Anyhow, if the petitioner surrenders in the court below and seek regular bail, the same shall be considered and disposed of on its own merit without being prejudiced by this order. (Sudhir Singh, J) A.K.V./- U T