Md. Dillshad Quraishi @ Bholu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88414 of 2024 Arising Out of PS. Case No.-452 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== 1.
Md. Dillshad Quraishi @ Bholu S/o Shamim Quraishi @ Salim Quraishi @ Salim Kuraisi R/o vill - Kundil, P.S. - Bake Bazar, Distt.- Chatara (Jharkhand) 2.
Sadab Quraishi S/o Mosin Quraishi R/o vill - Kundil, P.S. - Bake Bazar, Distt.- Chatara (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Advocate Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-05-2025 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners seek regular bail in connection with Sherghati P.S. Case No. 452 of 2024 registered for the offences punishable under Section 310(2) of B.N.S.
3. The prosecution case in brief is that while the informant was present at his shop, three persons arrived there and they took out Rs. 15 lacs from the cash box of the shop and they also looted gold ornaments worth Rs. 9 lacs and three mobile phones.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.88414 of 2024(4) dt.06-05-2025 2/3 petitioners are innocent and have falsely been implicated in the case. They are not named in the FIR and their names have surfaced during the course of the investigation while they were traveling on a motorcycle and Rs. 86,000/- is said to have been recovered from the possession of the petitioners. Learned Senior counsel further submits that the petitioners have clean antecedents and despite the petitioners being in custody since 13.09.2024, till date neither the recovered amount nor the petitioners and others have been put on TIP for identification. The learned Senior counsel has further submitted that from the contents of the case diary, it is clear that there was only a suspicion raised against the petitioners and two others of having been a party to the said crime.
5. The learned APP for the State has vehemently opposed the prayer for bail and has submitted that the petitioners and others formed a gang and have committed the said loot and the petitioners were apprehended along with Rs. 86,000/- cash.
6. Considering the aforesaid submissions made by the parties and taking into account that the petitioners were not named in the FIR, till date no TIP has been done in order to identify the petitioners as one of the miscreants involved in the said incident and the period of custody, let the petitioners,
Patna High Court CR. MISC. No.88414 of 2024(4) dt.06-05-2025 3/3 above named, be released on bail on each of them furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of the learned A.C.J.M - I, Sherghati, Gaya in connection with Sherghati P.S. Case No. 452 of 2024 subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case the prosecution is found the petitioners' involvement in similar nature of allegation after his release and in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(Sourendra Pandey, J) Prakash/- U