Patna High Court
Nasir Quraishi @ Nashir QuraisiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 127(2), 191(2), 191(3), 351(2), 352
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
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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
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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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