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Patna High Court - Orders

Md. Sabir Kurasi @ Md. Shabir vs The State Of Bihar on 16 July, 2025

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42949 of 2025
                   Arising Out of PS. Case No.-137 Year-2025 Thana- KAJI MUHAMMADPUR District-
                                                      Muzaffarpur
                 ======================================================
           1.    Md. Sabir Kurasi @ Md. Shabir S/o Late Abdul Barik Kuraisi Resident of Mohalla
                 - Sadpura, Badi Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur
           2.    Arif Kuraisi @ Md. Arif S/o Md. Ashik Quraishi @ Md. Barik Kuraisi Resident of
                 Mohalla - Sadpura, Badi Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.-
                 Muzaffarpur
           3.    Md. Ashif @ Md. Aquib @ Md. Akib S/o Pappu Resident of Mohalla - Sadpura,
                 Badi Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur
           4.    Md Sahid @ Md. Shahid Kuraisi S/o Late Barik Kuraisi Resident of Mohalla -
                 Sadpura, Badi Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur
           5.    Md. Jabiullah Kuraisi @ Md. Jabullah S/o Bade Kuraisi Resident of Mohalla -
                 Sadpura, Badi Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur
           6.    Md. Bade Kuraisi @ Md. Jabin Quraishi S/o Late Barik Hussain Resident of
                 Mohalla - Sadpura, Badi Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.-
                 Muzaffarpur
           7.    Md. Aabid S/o Md. Aashik Resident of Mohalla - Sadpura, Badi Masjid, Kasab
                 Tola, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur
           8.    Md. Jahid Kuraisi S/o Abdul Barik Kuraisi Resident of Mohalla - Sadpura, Badi
                 Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur
           9.    Md. Arshad @ Md. Arshad Quraishi S/o Md. Jahid Resident of Mohalla - Sadpura,
                 Badi Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur
           10. Md. Irshad @ Irshad Alam S/o Md. Aashik Resident of Mohalla - Sadpura, Badi
                 Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur
           11. Md. Shamiullah Quraishi @ Md. Sammullah S/o Md. Jabir Resident of Mohalla -
                 Sadpura, Badi Masjid, Kasab Tola, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Neeraj Kumar Alias Sanidh
                 For the Opposite Party/s :     Mr.Madan Kumar, APP
                                                Mr. Bhavesh Kumar, Adv

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-07-2025

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The petitioners apprehend their arrest in a case Patna High Court CR. MISC. No.42949 of 2025(2) dt.16-07-2025 2/3 registered for the offences punishable under Sections 126(2), 127(2), 115(2), 118(1), 118(2), 303(2), 125, 3(5) of the Bharatiya Nyaya Sanhita.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that Md. Pappu Qureshi and Md. Arif assaulted by butt of pistol, thereafter Md. Pappu Qureshi assaulted by knife causing injury near right eyebrow, further Md. Ashique with rod and Md. Irshad along with Md. Abid with Lathi assaulted, thereafter Md. Sabbir snatched Rs. 2,75,30/- from the informant, further on alarm people gathered when accused fled.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that he was assaulted by the named accused persons leading to injury, further Md. Pappu Qureshi is alleged to have assaulted by knife causing injury near right eyebrow, but then from perusal of the injury report, it would manifest that the informant suffered only one injury on the scalp by hard and blunt substance. It is thus submitted that had so many accused assaulted the informant, in that event the informant would have Patna High Court CR. MISC. No.42949 of 2025(2) dt.16-07-2025 3/3 suffered multiple injuries.

5. The learned APP and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that informant suffered only one injury.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kazi Mohammadpur P.S. Case No. 137 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/-

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