Patna High Court – Orders
Md. Chhotan Quraishi @ Md. Naseer … vs The State Of Bihar on 9 May, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5208 of 2025
Arising Out of PS. Case No.-386 Year-2022 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Md. Chhotan Quraishi @ Md. Naseer Quraish @ Md. Nasir Quraishi @
Nashir Quraishi Son of Late Idris Quraishi Resident of Mohalla /Village -
Tedhi Bazar Shahsupan, P.S. - Laheriasarai, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 6008 of 2025
Arising Out of PS. Case No.-386 Year-2022 Thana- LAHERIYASARAI District- Darbhanga
======================================================
1. Md Chand Quraishi @ Md Chand Quaraishi S/O Chotan Quraishi @ Nasir
Kuraishi R/o Mohalla - Tedhi Bazar Shahsupan, P.S. - Laheriasarai, Distt.-
Darbhanga
2. Md Raja Quraishi S/o Chotan Quraishi @ Md Nasir Kuraishi R/o Mohalla -
Tedhi Bazar Shahsupan, P.S. - Laheriasarai, Distt.- Darbhanga
3. Md Quadir Quraishi @ Md Kadir Kuraishi @ Md Kadir S/o Equbal Quraishi
R/o Mohalla - Tedhi Bazar Shahsupan, P.S. - Laheriasarai, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 5208 of 2025)
For the Petitioner/s : Mr. Kedar Jha, Adv.
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
(In CRIMINAL MISCELLANEOUS No. 6008 of 2025)
For the Petitioner/s : Mr. Kedar Jha, Adv.
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 09-05-2025
Re: Cr. Misc. No. 5208 of 2025
Mr. Kedar Jha, learned Advocate for the petitioner in
presence of Mr. Satyendra Narayan Singh, learned APP for the
Patna High Court CR. MISC. No.5208 of 2025(3) dt.09-05-2025
2/4
State, at the outset, submits that during the pendency of the bail
application, the petitioner got arrested and, as such, he seeks
permission to withdraw the present application.
2. In view, thereof, the present bail application stands
dismissed as withdrawn.
Re: Cr. Misc. No. 6008 of 2025
3. Learned Advocate for the petitioners, informed this
Court that submit that during the pendency of the bail
application, petitioner no. 3 got arrested and, as such, he is not
pressing the bail application on his behalf.
4. The petitioner nos. 1 and 2 apprehending their
arrest in connection with Laheriasarai P.S. Case No. 386 of
2022, registered for the offences punishable under Sections 341,
323, 447, 307, 379, 504, 354A and 506/34 of the Indian Penal
Code.
5. Allegedly, on the retaliation of the protest made by
the informant against the eve teasing, all the accused persons
armed with weapons came at the informant’s house and started
abusing. It is specifically alleged that co-accused Md. Eqbal
gave an iron rod blow over the temple of the informant whereas
co-accused Md. Chotan Quraishi gave iron rod over his head,
due to which he sustained grievous injury.
Patna High Court CR. MISC. No.5208 of 2025(3) dt.09-05-2025
3/4
6. Learned Advocate for the petitioners contended that
in fact on account of a dispute in between two groups of
Moharram Akhara , the informant sustained injury. But only in
order to wreck vengeance, the name of the entire family has
been implicated in this case. The alleged occurrence took place
on 08.02.2022-09.02.2022, but the present FIR came to be
lodged on 14.08.2022, without there being any explanation.
Moreover, the specific allegation has been levelled against co-
accused Mr. Eqbal and Md. Chotan Quraishi, who are not before
this Court. The petitioners have absolutely fair antecedent and
they undertake before this Court; they will fully co-operate in
the proceeding.
7. On the other hand, learned counsel for the State
opposed the pre-arrest bail application and submits that the
petitioners have actively participated in the crime.
8. Regard being had to the submissions made on
behalf of the parties and considering the fact that grievous injury
sustained to the informant is not attributed to the petitioners,
apart from the delay in lodging of the FIR and their fair
antecedent, let the petitioner nos. 1 and 2 (Md. Chand Quraishi
@ Md. Chand Quaraishi and Md. Raja Quraishi) above named
be released on bail, in the event of their arrest or surrender
Patna High Court CR. MISC. No.5208 of 2025(3) dt.09-05-2025
4/4
before the court below within a period of four weeks from the
date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Darbhanga in connection with
Laheriasarai P.S. Case No. 386 of 2022, subject to the
conditions laid down in Section 482(2) Bharatiya Nagarik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
shivank/-
U T
