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Patna High CourtCR. MISC./4566/2023allowed

Md. Kaila Quraishi @ Ashar Raza v. The State Of Bihar

2023-05-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4566 of 2023 Arising Out of PS. Case No.-562 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== MD. KAILA QURAISHI @ ASHAR RAZA Son of Ashraf Quraishi At Present - Mohalla- Kasab Tola, Bari Road, P.S.- Kotwali, District- Gaya. R/O Village- Makhdumpur, 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.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

It is a case of assaulting upon the informant and others by means of lathi and danda and making fire by the accused persons due to which informant and others sustained injuries. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to village politics. It is further submitted that the specific allegation of making fire and assaulting is against other co-accused

Patna High Court CR. MISC. No.4566 of 2023(2) dt.01-05-2023 2/2 persons namely, Bablu Kuraishi and Arjar Kuraishi. There is general and omnibus allegation and no specific overt act against this petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 24.11.2022 passed in Cr. Misc. No. 34083 of 2022. He is languishing in judicial custody since 12.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st Class, Shergati (Gaya) in connection with Barachatti P.S. Case No. 562 of 2021.

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