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Patna High Court

Nasir Quraishi @ Nashir QuraisiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the charge sheet lacked specific allegations against the petitioner, he had no prior criminal record, and continued detention was unwarranted.

Summary

The petitioner, Nasir Quraishi, was arrested in connection with a case alleging assault and related offences under several sections of the Bharatiya Nyaya Sanhita, 2023. He claimed he was falsely implicated, arguing that the FIR and charge sheet were omnibus and did not specifically allege any wrongdoing on his part, and that he had no prior criminal record. The State opposed bail, but the court noted that the charge sheet had already been filed, no material had been recovered from the petitioner, and his period of custody since December 7, 2025 was considerable. Considering the lack of specific allegations, the absence of antecedents, and the filing of the charge sheet, the court found continued detention unnecessary. Consequently, the court ordered his release on bail with a bond of Rs. 15,000 and two sureties.

Issues considered

  • Whether bail should be granted when the charge sheet does not contain a specific allegation against the accused.
  • Whether the petitioner’s lack of prior criminal record and the duration of custody justify bail.

Legislation cited

Subjects

  • bail
  • criminal law
  • Bharatiya Nyaya Sanhita
  • false implication
  • charge sheet
  • no prior criminal record
  • omnibus FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16409 of 2026
                  Arising Out of PS. Case No.-138 Year-2025 Thana- PURUSHOTTAMPUR District- West
                                                       Champaran
                 ======================================================
                 Nasir Quraishi @ Nashir Quraisi Son of Barsati Quraishi Resident Of Village-
                 Bhedihari P.s- Purushottampur District -West Champaran

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :     Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Purushottampur P.S. Case No. 138 of 2025 instituted for the

                   offence under Sections 191(2), 191(3), 126(2), 127(2), 109(1),

                   118(1), 115(2), 352 & 351(2) of the Bharatiya Nyaya Sanhita,

                   2023.

                           3.       The prosecution case, in brief, is that the informant

                   alleged that while he and his friend Raushan Kumar had gone to

                   Marajadwa Bazar for a haircut, the accused persons namely

                   Nasir Quraishi (petitioner), Shekh Sameer, Shekh Sonu, Pani

                   Botal and others came there due to previous enmity and started

                   assaulting them with fists and slaps. Thereafter, the accused
Patna High Court CR. MISC. No.16409 of 2026(2) dt.13-03-2026
                                            2/3




          persons again came to the clinic where Shekh Saidurahaman

          and others allegedly assaulted Raushan Kumar and the

          informant with knives causing injuries.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 07.12.2025. Petitioner

          bears no criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. From perusal of the FIR, it would manifest that there is no

          specific allegation against the petitioner, rather the same is

          general and omnibus in nature. It is next submitted that specific

          allegation is attributed to co-accused, namely                Shekh

          Saidurahaman. Charge sheet has already been submitted in this

          case. Nothing has been recovered from the conscious possession

          of the petitioner.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner, there being no

          specific allegation against the petitioner and charge sheet being

          submitted, this Court is inclined to grant bail to the petitioner.
           Patna High Court CR. MISC. No.16409 of 2026(2) dt.13-03-2026
                                                       3/3




                                  8. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Purushottampur P.S.

                     Case No. 138 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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