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Patna High Court - Orders

Jasim Quraishi @ Baba vs The State Of Bihar on 27 June, 2019

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39325 of 2019
                     Arising Out of PS. Case No.-579 Year-2018 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
           1.     JASIM QURAISHI @ BABA S/o Samulla Quraishi R/o Mohalla- Rahmat
                  Nagar, Ward No. 22, P.S.- Bikramganj, District- Rohtas
           2.    Jibarail Quraishi @ Jibrail Quraishi S/o Isarail Quraishi R/o Mohalla-
                 Rahmat Nagar, Ward No. 22, P.S.- Bikramganj, District- Rohtas
           3.    Kullu Quraishi S/o Mustak Quraishi R/o Mohalla- Rahmat Nagar, Ward No.
                 22, P.S.- Bikramganj, District- Rohtas
           4.    Asif Ansari S/o Chhedi Ansari R/o Mohalla- Rahmat Nagar, Ward No. 22,
                 P.S.- Bikramganj, District- Rohtas
           5.    Chhoti Quraishi S/o Fika Quraishi R/o Mohalla- Rahmat Nagar, Ward No.
                 22, P.S.- Bikramganj, District- Rohtas
           6.    Isarail Quraishi @ Ishrail Quraishi S/o Hakik Quraishi R/o Mohalla- Rahmat
                 Nagar, Ward No. 22, P.S.- Bikramganj, District- Rohtas
           7.    Sabir Quraishi S/o Israil Quraishi R/o Mohalla- Rahmat Nagar, Ward No.
                 22, P.S.- Bikramganj, District- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajani Kant Singh
                 For the Opposite Party/s :       Mr.Anand Mohan Prasad Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                                       ORAL ORDER

2   27-06-2019

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bikramganj Police Station Case No.579 of 2018 registered under Sections 147, 148, 149, 353, 307, 427, 332, 333, 323, 325 and 120-B of the Indian Penal Code.

The accusation is that on 23.12.2018 at about 09.00 Patna High Court CR. MISC. No.39325 of 2019(2) dt.27-06-2019 2/3 A.M. the informant got information from the higher police official about apprehending of a truck loaded with beef at Rahmat Nagar. Thereafter, the informant along with other police personnel reached at Rohtas Tent House situated at Rahmat Nagar. In the meantime, one big stone hit the vehicle of the informant due to which the glass of the vehicle of the side of the driver has become damaged and the driver of the vehicle sustained injury. At that time, bricks were pelted indiscriminately and the informant was also attacked. The informant tried to convince the people on mike not to disturb in the official duty but they continued pelting the stones due to which one or two passersby and J.C.B. driver sustained injury. Thereafter, attempt was made to apprehend the members of the mob but they started to flee away raising slogan that the goods of Azad Bhai have been kept by the B.D.O. and to commit the murder of B.D.O. At that time, 22 persons including the petitioners were identified.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the petitioners have been named in the F.I.R. as the members of the mob without any specific overt act. Except one case, as detailed in paragraph-3 to this application, which has been lodged regarding the same Patna High Court CR. MISC. No.39325 of 2019(2) dt.27-06-2019 3/3 occurrence, in which the petitioners are on anticipatory bail, the petitioners have no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Bikramganj, District-Rohtas, in connection with Bikramganj Police Station Case No.579 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./-

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