IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60771 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- BANIAPUR District- Saran ====================================================== 1. Shamsad Quraishi Son of Samsad Quraishi Resident of Village - Satuan, P.S.- Baniapur, Distt.- Saran 2. Noushad Quraishi Son of Samad Quraishi resident of village - satuan, p.s.- Baniapur, Distt.- Saran 3. Samad Quraishi Son of Late Hikamat Quraishi resident of village - satuan, p.s.- Baniapur, Distt.- Saran 4. Shahzari Khatoon @ Shahzadi Khatoon Wife of Shamsad Quraishi resident of village - satuan, p.s.- Baniapur, Distt.- Saran 5. Akhatari Khatoon Wife of Noushad Quraishi resident of village - satuan, p.s.- Baniapur, Distt.- Saran 6. Anwari Khatoon Wife of Samad Quraishi resident of village - satuan, p.s.- Baniapur, Distt.- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brajesh Sahay, Advocate Mr. Arif Daula Siddiquie, Advocate Mrs. Vandna Rani, Advocate For the State : Mr. Anil Kumar, APP For the Informant : Mr. Devendra Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 11-04-2025 Heard Mr. Brajesh Sahay, learned counsel for the petitioners, Mr. Anil Kumar, learned Additional Public Prosecutor for the State and Mr. Devendra Narayan, learned counsel for the informant. 2. The petitioners are apprehending their arrest in connection with Baniyapur P.S. Case No. 300 of 2023, F.I.R. dated 25.07.2023 for the offences punishable under Sections Patna High Court CR. MISC. No.60771 of 2024(3) dt.11-04-2025 2/4 147, 341, 307, 323, 324, 448, 504, 506 and 379 of the Indian Penal Code. 3. According to prosecution case, the petitioners are said to have assaulted the informant and his family members with daab, iron rod, laithi, danda etc. It is further alleged that petitioner no. 1, namely, Shamshad Quraishi, snatched gold chain from the neck of the informant’s wife. 4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. It is further submitted that petitioner nos. 1 and 2 are brothers of the informant, petitioner no. 3 is the father of the informant, petitioner nos. 4 and 5 are sister-in-law of the informant and petitioner no. 6 is the mother of the informant. It appears from the FIR itself that due to some petty dispute, the present occurrence took place. It is further submitted that although the petitioners are named in the FIR, but from perusal of the FIR it appears that there is no specific allegation against the petitioners rather there is general and omnibus allegation against the petitioners. Although, some persons have received injury but injury report of the injured persons suggest that injuries are simple in nature. 5. The learned Additional Public Prosecutor for the Patna High Court CR. MISC. No.60771 of 2024(3) dt.11-04-2025 3/4 State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioners. 6. Considering the aforesaid facts and circumstances that the petitioners have clean antecedent, all the petitioners are relatives of the informant and injury report of the injured persons suggest that the injuries are simple in nature, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra, District-Saran in connection with Baniyapur P.S. Case No. 300 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. Patna High Court CR. MISC. No.60771 of 2024(3) dt.11-04-2025 4/4 ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. priyanka/- (Rajesh Kumar Verma, J) U T