Javed Quraishi @ Md. Javed Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72531 of 2024 Arising Out of PS. Case No.-342 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
Javed Quraishi @ Md. Javed Ali S/o Chand Quraishi Resident of MohallaKarimchak, PS- Chapra Town, Distt. - Chapra (Saran) 2.
Bakar Quraishi @ Sahnawaj Ali S/o Jamal Quraishi Resident of MohallaKarimchak, PS- Chapra Town, Distt. - Chapra (Saran) 3.
Gulam Sarwar @ Shukhal Quraishi @ Md. Gulam Sarwar S/o Chand Quraishi Resident of Mohalla- Karimchak, PS- Chapra Town, Distt. - Chapra (Saran) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Danish Raja For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-12-2024 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Chapra Town P.S. Case No. 342 of 2024, registered for the offences punishable under Sections 147, 149, 307/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 4 of the Explosives Substance Act.
3. Based upon the written report, the prosecution alleges that all the FIR named accused persons armed with lathi, danda, farsa, desi katta and bomb came at the house of the informant. On the exhortation made by Sukhal Quaraishi, who
Patna High Court CR. MISC. No.72531 of 2024(2) dt.18-12-2024 2/3 was leading the gang, all the accused persons started assaulting the informant. In order to rescue the informant, his daughter, Gulabsa Khatoon came forward, whereupon co-accused Raza Quraishi fired upon her due to which she sustained bullet injury on her right leg. It is further alleged that co-accused Nehal Quraishi and Saddam Quraishi thrown bomb in order to create fear.
4. Learned Advocate for the petitioners contended that the FIR has been instituted against altogether 13 accused persons with specific allegation of firing against Raza Quraishi and the allegation of throwing bomb has been levelled against Nehal Quraishi and Saddam Quraishi. It is next contended that other co-accused persons having identical allegation have been allowed the privilege of anticipatory bail by the court below itself, copy of which has been marked as Annexure-P-2. The petitioners bear fair antecedent and they undertake that they will fully cooperate in the investigation and in the proceeding of the court.
5. On the other hand, learned Advocate for the State vehemently opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of
Patna High Court CR. MISC. No.72531 of 2024(2) dt.18-12-2024 3/3 allegation, coupled with the fair antecedent of the petitioners, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra in connection with Chapra Town P.S. Case No. 342 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Anjani/- U T