Patna High CourtCR. MISC./60732/2023bail granted

Ladla Quraishi v. The State Of Bihar

2023-09-15Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60732 of 2023 Arising Out of PS. Case No.-405 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== Ladla Quraishi, S/o Liyakat Quraishi @ Liyakat Kuraishi @ Liyakat Hussain, R/O Village- Sekhpura, P.S- Basantpur, Districtt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-09-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sessions Trial No. 162 of 2022, arising out of Basantpur P.S. Case No. 405 of 2021 dated 17.09.2021 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

3. This is second attempt of the petitioner for the relief of regular bail after his earlier attempt for the same relief was rejected by this court vide order dated 13.02.2023 passed in Cr. Misc. No. 10097 of 2022 preferred by this petitioner.

4. The main submissions advanced by learned counsel for the petitioner are that the petitioner has been languishing in jail for the last two years and as per the order impugned, the

Patna High Court CR. MISC. No.60732 of 2023(2) dt.15-09-2023 2/3 charges upon him was framed on 18.08.2022 but thereafter no prosecution witness has turned up till the date of the passing of order impugned which shows the prosecution's lingering attitude in producing its witnesses and so far as the merit of the allegation with respect to the petitioner is concerned as per allegation made in the FIR he played a role of liner in the commission of the alleged murder of informant's husband and the allegation of threatening having been given to the victim was made against co-accused persons Danish Khan and Yakub Khan in which the petitioner had no role. Further submission is that the informant simply raised suspicion against several persons including the petitioner and the petitioner has fair and clean antecedent.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Considering the above submissions and mainly petitioner's custody period as well as the lingering attitude of the prosecution in producing its witnesses in the trial of the petitioner despite the charges having been framed on 18.08.2022 upon the petitioner, in my opinion, in the said circumstances, now the petitioner deserves to the privilege of bail. Accordingly, let the petitioner be released on bail on

Patna High Court CR. MISC. No.60732 of 2023(2) dt.15-09-2023 3/3 furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sessions Trial No. 162 of 2022, arising out of Basantpur P.S. Case No. 405 of 2021. (Shailendra Singh, J) Rajiv/- U T