Md. Soni @ Md. Soni Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4645 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== 1.

MD. SONI @ MD. SONI QURAISHI Son of Md. Mustaffa @ Md. Mustuffa @ Md. Musluffa @ Md. Idrish Quraishi Resident of Village- Baro, Baro Southern, Ward No. 2, P.S.- Fulwaria, District- Begusarai. 2.

Md. Firoze Quraishi @ Firoz Quraishi @ M. Firoz Quraishi Son of Murad Quraishi @ Md. Murad Quraishi Resident of Village-Baro, Baro Southern, Ward no.2, P.S.-Fulwaria, District-Begusarai. 3.

Md. Tabrez Quraishi @ Tabrez Quraishi Son of Ziyauddin Quraishi @ Bhodhan Quaraishi Resident of Village-Baro, Baro Southern, Ward no.2, P.S.-Fulwaria, District-Begusarai.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sandip Kumar Gautam, Advocate.

For the Respondent/s :

Mr.Binay Krishna, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-02-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 13.08.2019 by the learned Special Judge (SC/ST Act), Begusarai in A.B.A. No. 1437 of 2019, arising out of Fulwaria P.S. Case No. 95 of 2019 registered under Sections 147, 149, 341, 323, 307, 379, 504, 506, 427 and 337 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.4645 of 2019(4) dt.04-02-2020 2/3 Atrocities) Act, 1989.

It appears that co-accused Md. Sufiyan Quraishi and Md. Shoaib Quraishi have already been allowed anticipatory bail by a co-ordinate Bench of this Court in Cr. Appeal (SJ) No. 3959 of 2019 and allegation against the appellants is identical to those accused.

Considering the aforesaid facts, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants. (c) The appellants shall not leave the country without permission of the trial Court.

Patna High Court CR. APP (SJ) No.4645 of 2019(4) dt.04-02-2020 3/3 Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T