This order grants bail to petitioners in a communal riot case. The court directed the office to fix defects in the petition within one month before granting bail within four weeks.
Recognized no error appeared in the impugned order dated 22.12.2021 in Cr. Misc. No. 9047 of 2021. Bail granted within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9047 of 2021
Arising Out of PS. Case No.-665 Year-2018 Thana- NAGAR District- Vaishali
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 21725 of 2021
Arising Out of PS. Case No.-665 Year-2018 Thana- NAGAR District- Vaishali
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 9047 of 2021) For the Petitioner/s : Mr.Rakesh Kumar Soni
Patna High Court CR. MISC. No.9047 of 2021(3) dt.17-02-2022 2/4
For the Opposite Party/s : Mr.Bishweshwar Ram (In CRIMINAL MISCELLANEOUS No. 21725 of 2021) For the Petitioner/s : Mr.Vasant Vikas Mr. Yatindra Narayan Mr. Pranoy Kumar Mr. Dhaneshwar Vashist For the Opposite Party/s : Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
3 17-02-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State through video conferencing.
Vide order dated 22.12.2021, in Cr. Misc. No. 9047 of 2021, the anticipatory bail petition of Dhunni Quraishi @ Israil Quraishi and Raja Quraishi @ Md. Raja Quraishi (petitioner nos. 1 and 2) was dismissed as withdrawn.
So far as rest petitioners of both the cases are concerned, they apprehend their arrest in connection with Hajipur Town P.S. Case No. 665 of 2018 registered for offence punishable under sections 147, 148, 149, 452, 436, 295(a), 298, 186, 353, 153(a), 307, 427, 505(2), 120(B) of the Indian Penal Code and section 27 of the Arms Act.
It is a case of free fight between two communities.
As per FIR, the persons of one community after
Patna High Court CR. MISC. No.9047 of 2021(3) dt.17-02-2022 3/4
putting dead body of the deceased near mosque, were making protest and thereafter, altercation took place between both the communities. Some houses and shops were ransacked. 20 named and 200 unknown accused persons have been made accused.
The learned counsel for the petitioners has submitted that it is a case of free fight between two communities and the members of both the communities have been made accused. The FIR itself shows that the empty cartridge has not been recovered and none has sustained any fire arm injury. On some issue or other, some stone pelting took place between two communities.
Considering the above mentioned facts and circumstances, let the above named petitioners, namely, Md. Mustaq Quraishi @ Pola Quraishi, Md. Asgar, Reyaj @ Md. Reyaj, Md. Firoz @ Md. Firoz Ali @ Md. Firon and Ledu @ Anwar, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 665 of 2018, subject to condition as laid down under section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the
Patna High Court CR. MISC. No.9047 of 2021(3) dt.17-02-2022 4/4
petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this
Court.
(Nawneet Kumar Pandey , J)
Mahesh/-
U T
1 issue framed by the court
Whether bail should be granted to petitioners apprehending arrest in a communal riot case under sections 147, 148, 149, 452, 436, 295(a), 298, 186, 353, 153(a), 307, 427, 505(2), 120(B) of IPC and sec
1 provisions across 1 enactments
DHUNNI QURAISHI @ ISRAIL QURAISHI AND ANOTHERS
THE STATE OF BIHAR
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
