Haider Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77278 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- NARHATT District- Nawada ====================================================== Haider Quraishi Son of Mohd. Shamsuddin Quraishi @ Mohd. Shamsuddin Resident of Village- Repura, P.S.- Lalganj, District- Vaishali. At present residing at C/o. Md Jahangir, Mohalla- Khalipura, FCI Road Phulwarishariff, P.S. Phulwarishariff, District- Patna, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Narhatt P.S. Case No. 257 of 2024 instituted for the offences under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that Bolero Car of the informant was stolen by unknown miscreants.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of recovery of the vehicle in question. Learned counsel further submitted that as a matter of fact, the petitioner had purchased the said vehicle from coaccused Monu Kumar who has already been granted bail by this

Patna High Court CR. MISC. No.77278 of 2024(3) dt.17-01-2025 2/2 Court vide order dated 09.01.2025 passed in Cr. Misc. No. 89464 of 2024. It is further submitted that petitioner had no knowledge that the vehicle in question was stolen one. No incriminating article has been recovered from the conscious possession of the petitioner. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.08.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Narhatt P.S. Case No. 257 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T