Mohammad Zahid Quoraishi @Tinku Quaraishi @Md Zahid Quraishi @Zahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61761 of 2023 Arising Out of PS. Case No.-563 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== Mohammad Zahid Quoraishi @TINKU Quaraishi @MD Zahid Quraishi @ZAHID S/O Mohammad Abbas Quoraishi @ Md. Abbas Quraishi @ Abbas Quraishi R/O Village- Manjhauli, Po. And Ps. Fatehpur, Gaya, Dist. Gaya, (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakib Ayaz, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 448, 323, 354(B), 427, 307, 341, 504 & 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly all the FIR named accused persons including the petitioner armed with deadly weapons, with an intention of robbery entered into the house of informant and assaulted the informant's side and tried to outrage modesty of lady members. They also fired upon the informant but he saved himself.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the

Patna High Court CR. MISC. No.61761 of 2023(2) dt.17-10-2023 2/2 manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. As per the injury report, there are injuries on left hand of the informant but it is nowhere mentioned that the said injury was caused by fire arm. Learned counsel further submitted that similarly situated co-accused has been granted anticipatory bail vide Cr. Misc. No. 21386 of 2022 dated 24.08.2022 by this Bench. Petitioner has two criminal antecedents.

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

6. Having regard to the facts and circumstances of the case, since, similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Barachatti P.S. Case No. 563 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T