Abdullah Quraisi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70434 of 2023 Arising Out of PS. Case No.-406 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Abdullah Quraisi S/O Late Muflehoon Quraisi Mohalla- Stuwarganj Ward No. 7, Mohania, Ps. Mohania, Dist. Kaimur At Bhabua 2.

Maksud Quraisi S/O Meraj Quraisi Mohalla- Stuwarganj Ward No. 7, Mohania, Ps. Mohania, Dist. Kaimur At Bhabua 3.

Golu Quraisi @ Mehfuj Quraisi @ Golu S/O Meraj Quraisi MohallaStuwarganj Ward No. 7, Mohania, Ps. Mohania, Dist. Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners submits that he will not press this application with regard to petitioner no. 1.

3. Permission is granted.

4. Accordingly, the instant application with regard to petitioner no. 1 is dismissed as not pressed.

5. However, if the petitioner no. 1 surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by

Patna High Court CR. MISC. No.70434 of 2023(3) dt.01-02-2024 2/3 this order.

6. Now, this application is being heard only with regard to petitioners no. 2 and 3.

7. Heard learned counsel for the petitioners and learned A.P.P. for the State.

8. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 307, 504 & 34 of the Indian Penal Code.

9. The allegation against the petitioners along with other co-accused persons is that they attached and assaulted the informant's father by means of knife, fighter, ballam, talwar.

10. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners no. 2 and 3. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

11. Learned APP for the State opposes prayer for anticipatory bail.

12. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against

Patna High Court CR. MISC. No.70434 of 2023(3) dt.01-02-2024 3/3 the petitioners no. 2 and 3, let the above named petitioners no. 2 and 3, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mohania P.S. Case No.406 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T