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Patna High CourtCR. MISC./81596/2023allowed

Md. Gulshor Quraishi @ Md. Gulser Quraishi @ Md. Sameer Alam v. The State Of Bihar

2024-01-18Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81596 of 2023 Arising Out of PS. Case No.-707 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Md. Gulshor Quraishi @ Md. Gulser Quraishi @ Md. Sameer Alam Son of Reyaz Quraishi @ Md. Reyazuddin @ Mohammad Reyaj Kuraishi, R/o Mohalla- Sulemanganj, Mugalpura, P.S.- Sasaram (T), District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP.

For the Informant :

Mr. Prabhakar Sahai, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sasaram (T) P.S. Case No.707 of 2023, registered for the offences punishable under Sections 302, 307, 341, 323, 504, 506 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, all nine accused persons including the petitioner met with Afroz @ Chikku, deceased Chand Khan, Rahman and Danish Khan who were going to Alamganj and in the meanwhile some hot talk took place due to land dispute. It is alleged that co-accused Md. Veerat abused and caught Afroz @ Chikku and co-accused Nausad Rayeen @ Lalu fired by pistol in his stomach due to

Patna High Court CR. MISC. No.81596 of 2023(3) dt.18-01-2024 2/3 which he fell down and died on the spot. Co-accused Sonu Rayeen fired by pistol on leg of Sonu Rahman and co-accused Veerat fired upon Chand Khan and thereafter rest accused persons fired in the air and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no specific allegation against the petitioner of any overt act rather allegation is that he is a member of mob. He also submits that petitioner has no criminal antecedent and he is in custody since 21.08.2023. Learned counsel submits that petitioner is a student and similarly situated co-accused has been granted bail by the Coordinate Bench of this Court vide order dated 14.12.2023 passed in Cr. Misc. No.80610 of 2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with

Patna High Court CR. MISC. No.81596 of 2023(3) dt.18-01-2024 3/3 Sasaram (T) P.S. Case No.707 of 2023, subject to the following conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) Ritik/- U T