Patna High Court – Orders
Shahid Kuraishi vs The State Of Bihar on 23 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80704 of 2024
Arising Out of PS. Case No.-208 Year-2024 Thana- ARIYARI District- Sheikhpura
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1. Shahid Kuraishi Son of Kalim Kurashi Resident of Village - Hussainbad,
P.S. - Ariyari, District - Sheikhpura
2. Ejaj Kuraishi Son of Wali Kuraishi Resident of Village - Hussainbad, P.S. -
Ariyari, District - Sheikhpura
3. Pravej Kuraishi Son of Kalim Kuraishi Resident of Village - Hussainbad,
P.S. - Ariyari, District - Sheikhpura
4. Shahzad Kuraishi @ Shajda Kuraishi Son of Kalim Kuraishi Resident of
Village - Hussainbad, P.S. - Ariyari, District - Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nasim Qurashi Son of Shahab Qurashi Resident of Village - Hussainabad,
Police Station - Ariyari, District - Sheikhpura
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 86727 of 2024
Arising Out of PS. Case No.-208 Year-2024 Thana- ARIYARI District- Sheikhpura
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Md. Kamal Shah @ Kamal Shah Son of Late Amjad Shah Resident of
Hussainabad, P.S.- Ariyari, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
(In CRIMINAL MISCELLANEOUS No. 80704 of 2024)
For the Petitioner/s : Mr. Rabindra Prasad Singh, Adv.
For the State : Mr. Kalyan Shankar, APP
(In CRIMINAL MISCELLANEOUS No. 86727 of 2024)
For the Petitioner/s : Mr. Rabindra Prasad Singh, Adv.
For the State : Mr. Ram Priya Sharan Singh, APP
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-07-2025
As both these bail applications have arisen from the same
police station case number, hence, with consent of parties, they
are being heard together and disposed of by this common order.
Patna High Court CR. MISC. No.80704 of 2024(4) dt.23-07-2025
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2. Vide an earlier order dated 19.12.2024, the application
(Cr. Misc. No. 80704 of 2024) in respect of petitioner Pravej
Kuraishi has already been dismissed as withdrawn.
3. Heard learned counsel for the petitioners and learned
APPs for the State. Nobody appears on behalf of the informant,
however, a vakalatnama has already been filed.
4. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 341, 323,
504, 506, 354(B), 325, 326, 307 of the Indian Penal Code,
Section 27 of the Arms Act and Section 8 of the POCSO Act.
5. The allegation in the complaint giving rise to the FIR
being instituted under Section 156(3) of the Cr.P.C. is that two
accused persons i.e. petitioner nos. 1 & 2 tried to pull the niece
of the informant with bad intention and upon objection being
raised, both the accused persons resorted to brick-batting and
subsequently one Pravej Kuraishi and petitioner Shahzad
Kuraishi (petitioner no.4) came armed with pistol and resorted
to firing. However, the informant got saved. The further
allegation is that one Danish Kuraishi assaulted the informant’s
mother by means of iron rod.
6. Learned counsel for the petitioners, at the outset,
submits that for an incident which occurred on 07.06.2024, the
Patna High Court CR. MISC. No.80704 of 2024(4) dt.23-07-2025
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complaint was lodged on 26.06.2024 and the delay caused has
not been explained on behalf of the prosecution. It is further
submitted that the mother of petitioner nos.1 & 4 had lodged an
FIR against the informant and others earlier and the present
case is a counter-blast of the said case. It is also submitted that
during the course of investigation, the independent witnesses
have referred to some free fight between the parties, but have
not supported any case of teasing or outraging the modesty.
The injury report of the informant also indicates that the
injuries are in the nature of swelling, abrasion and bodyache
while the injuries of Murshid Kuraishi and Mohd. Chhotu were
found simple in nature. It is next submitted that there is no
specific allegation attributed to petitioner Md. Kamal Shah in
the entire complaint but for the fact that his name appears in
the column of the list of accused. It is also pointed out by
learned counsel for the petitioners that the parties have entered
into a compromise and the compromise petition has been
brought on record by way of supplementary affidavit
(Annexure-P/6) which shows that the parties do not want to
proceed with the case and the same is duly signed by both the
parties.
7. Learned APPs for the State, however, oppose the
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prayer for anticipatory bail.
8. Considering the fact that simple injuries have been
caused in a free fight between the parties and no allegation of
POCSO are being made out in the facts of the case and further
that there is a compromise between the parties, I am inclined to
grant the privilege of anticipatory bail to the petitioners. Let the
petitioners, above named, in the event of their arrest or
surrender before the Court below within four weeks, 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 lower Court where the case is pending/successor
Court in connection with Ariyari P.S. Case No. 208 of 2024,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ 482 (2) of the BNSS, 2023.
9. However, before accepting the bail bonds of the
petitioners, the learned Court below would verify the factum of
compromise and also the authenticity of the compromise
petition filed before the concerned Court.
(Soni Shrivastava, J)
divyanshi/-
U T