Shahbaj Kuraishi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25453 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shahbaj Kuraishi, Son of Md. Sharif,

2. Shahrukh Kuraishi, Son of Md. Sharif Both Resident of Chhota Mohalla, P.S.- Mehsi, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Adv. For the Opposite Party/s : Mr. Anish Chandra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Mehsi P.S. Case No.70 of 2017, registered for the offence punishable under Sections 323, 324, 341, 307, 379 and 504/34 of the Indian Penal Code and under Section 27 of the Arms Act.

Some disputes took place with respect to parking of the vehicle, whereupon the petitioner no.1 given a call to assault the informant. Thereafter, one Noor Ali Kuraishi inflicted iron rod blow on the head of the informant, petitioner no.2 took out his pistol and fired, but the same was misfired, whereupon he caused injury to the informant by the butt of his pistol.

Patna High Court Cr.Misc. No.25453 of 2017 (3) dt.20-07-2017 2/2 Learned counsel for the petitioners submits that the incident has occurred on the spur of the movement. He further submits that allegation has been made again the petitioner no.1 that he was the order-giver. Allegation has been made against the petitioner no.2 that he assaulted the informant with the butt of the pistol, but the injury is simple in nature.

Looking to the nature of allegation and the facts and circumstances of the case, let the petitioners, namely, Shahbaj Kuraishi and Shahrukh Kuraishi, in the event of their arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari, in connection with Mehsi P.S. Case No.70 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Shivaji Pandey, J) pawan/- U T