Irshad Quraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75417 of 2025 Arising Out of PS. Case No.-513 Year-2025 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.
Irshad Quraishi S/O Md. Shabir Quraishi @ Bhagalu Quraishi R/O VillageHuusena, P.S- Sitamarhi, Distt.- Sitamarhi (Bihar). 2.
Sakir Quraishi @ Irfanquraishi S/O Md. Jabir Quraishi @ Chhotu Quraishi R/O Village- Huusena, P.S- Sitamarhi, Distt.- Sitamarhi (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar For the Opposite Party/s :
Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sitamarhi Police Station Case No. 513 of 2025, disclosing offences under Sections 8, 21( C ) of the NDPS Act and Section 132, 262, 263, 109, 3(5) of the BNS, 2023.
3. As per the prosecution case, the police on a tip off selling of intoxicating medicine, conducted a raid, however, noticing the police party, out of four persons, three of them succeeded in fleeing away and one Md. Aslam was apprehended. On search, various intoxicated medicines were recovered. It is further alleged that in the meanwhile, the
Patna High Court CR. MISC. No.75417 of 2025(2) dt.03-12-2025 2/3 petitioners alongwith others assembled there and tried to enlarge the co-accused Md. Aslam from the police custody.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case by the informant on mere suspicion and at the instance of local adversaries. Although named in the FIR, the petitioners were neither apprehended from the spot nor was any incriminating or intoxicating substance recovered from their possession or premises. The only recovery of 5.9 liters of alleged intoxicating medicine was made from the bag of the apprehended person, Md. Aslam Ansari, with whom the petitioners have no nexus except being co-villagers. No member of the police force sustained any injury. Petitioner is having no criminal antecedent. He further submits that similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc No. 73874 of 2025 vide order dated 21.11.2025
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioners privilege of anticipatory bail.
Patna High Court CR. MISC. No.75417 of 2025(2) dt.03-12-2025 3/3
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Sitamarhi, District Sitamarhi, in connection with Sitamarhi Police Station Case No. 513 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T