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Patna High CourtCR. MISC./73550/2022allowed

Md. Zeeshan Alam @ Zeeshan Quraishi @ Laddu @Saif Ali @ Saif Ali Qureshi @ Zishan v. The State Of Bihar

2023-03-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73550 of 2022 Arising Out of PS. Case No.-562 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== MD. ZEESHAN ALAM @ ZEESHAN QURAISHI @ LADDU @SAIF ALI @ SAIF ALI QURESHI @ ZISHAN S/o Md. Ejaz Quraishi @ Md. Ejaj Quarashi R/v- Bajarkar, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 323, 341, 324, 326, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, while the children were playing and informant was there, suddenly several accused persons including the petitioner came there and opened fire on Rahid Alam as a result of which he received bullet injury in his thigh. Thereafter, informant and children tried to flee away but they surrounded them and co-accused Anjar Quraishi opened fire which hit on leg of Sabi Alam and other accused persons

Patna High Court CR. MISC. No.73550 of 2022(2) dt.21-03-2023 2/3 started indiscriminate firing.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is case and counter case, both parties sustained injuries as alleged in separate occurrences. There is general and omnibus allegation against the petitioner whereas, specific overt act of firing is made against co-accused Anjar Quraishi. The petitioner has got no criminal antecedent. Moreover, similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order 11.8.2022 passed in Cr. Misc. No. 9533 of 2022 and in support of this Annexure-2 series has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 24.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barachatti P.S. Case No. 562 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.73550 of 2022(2) dt.21-03-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Class, Sherghati (Gaya).

(Sunil Kumar Panwar, J) Amandeep/- U T