Laddan Kuraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62361 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- ARIYARI District- Sheikhpura ====================================================== Laddan Kuraishi S/o- Sahab Kuraishi Village- Hussainabad Ps-Ariyari District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP For the Informant/s :
Mr. Rabindra Prasad, Sr. Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ariyari P.S. Case No. 132 of 2024 dated 08.06.2024 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 448, 354B, 307, 379, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with the co-accused persons attacked the informant's house. Upon asking, the co-accused Azad Qureshi said that if the informant's husband testifies in the F.I.R. No. 150 of 2023, they will kill the informant's husband. Upon which the co-accused (Azad Qureshi) said to kill all the people. On receiving order all
Patna High Court CR. MISC. No.62361 of 2024(2) dt.18-09-2024 2/3 the co-accused entered the house and attacked the informant's family with swords, sticks, axes. The co-accused Azad Qureshi attacked Goru Qureshi and Kalim Qureshi on head with a sword which just touched the head of the Goru Qureshi. The petitioner attacked Karu Qureshi on the head with iron rod and his right hand got broken. The co-accused, Chhotu Qureshi caught Naziba Khatun by her hair and slammed her on the ground upon which she became half naked. When the informant came to intervene the co-accused hit the informant on her head with butt of the pistol.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The charge-sheet has already been submitted against the petitioner. There is a case and counter-case between both the parties. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 24.06.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.62361 of 2024(2) dt.18-09-2024 3/3 of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court of A.C.J.M.-1st, Shekhpura in connection with Ariyari P.S. Case No. 132 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T