Gora Quraishi @ Gora Kuraishi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72342 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- HASPURA District- Aurangabad ======================================================

1. Gora Quraishi @ Gora Kuraishi,

2. Saddam Quraishi @ Sadam Kuraishi, Both are Sons of Late Shamsher Kuraishi, Resident of Village- Warisnagar, Amjharsharif, P.S.- Haspura, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are in custody in connection with Haspura PS Case No. 138 of 2018 for the offence under Sections 302, 34 of the Indian Penal Code.

Referring to the Fardbeyan learned counsel for the petitioners submits that the informant has not seen the commission of crime rather he has drawn inference on account of the fact that some persons were present at the doorstep of the petitioners' house who allegedly pressed the neck of the deceased. Learned counsel further submits that version of the F.I.R. is contradictory and unbelievable inasmuch as in the FIR it is said that five named accused persons had put a gamchha on

Patna High Court Cr.Misc. No.72342 of 2018(3) dt.10-01-2019 2/2 the neck of the son of the informant and throttled his neck who ran back home raising hallah. He further submits that the petitioners are in custody since 29.06.2018.

Considering the fact that the petitioners have no criminal antecedent and they are in custody since 29.06.2018, the petitioners, named above, are directed to be released on bail after 21.03.2019 on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Haspura PS Case No. 138 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T