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Patna High Court

Rashid QuraishiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to petitioners 1‑4 but denied it to petitioner 5.

Summary

The petitioners, five residents of Nadraganj village, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the BNS, 2023 and Section 27 of the Arms Act. The FIR alleged that petitioners No.3 and No.5, while intoxicated, assaulted an informant with the butt of a pistol, fired the weapon, stole Rs.5,000 and threatened him to sell his house. The petitioners contended that the allegations were false, that no specific charge of assault was made against petitioners No.1, 2, 3 and 4, and that the case was not filed under the Excise Act. The State opposed the bail, emphasizing petitioner No.5's prior criminal record and the risk of tampering with evidence. The Court granted anticipatory bail to petitioners No.1, 2, 3 and 4 subject to bond and surety conditions under Section 482(2) of the BNSS, but refused bail to petitioner No.5.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the allegations made in the FIR.
  • Whether petitioner No.5, having prior criminal antecedents and specific allegations of assault and firing, should be denied anticipatory bail.

Legislation cited

  • Arms Act — s. 27
  • BNS, 2023 — s. 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • false implication
  • assault
  • arms act
  • criminal procedure
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17467 of 2026
                        Arising Out of PS. Case No.-58 Year-2025 Thana- CIVIL LINE District- Gaya
                 ======================================================
           1.     Rashid Quraishi Son of Teni Quraishi Resident of village- Nadraganj Badi
                  Daha, P.S.- Civil Line, District- Gaya.
           2.    Lucky Qurasishi @ Afzal @ Md. Afzal Quraisi Son of Md. Jamir Quraishi
                 @ Md. Jameel Quraishi Resident of village- Nadraganj Badi Daha, P.S.-
                 Civil Line, District- Gaya.
           3.    Danish Quraishi @ Md Danish son of Naushad Quraishi Resident of village-
                 Nadraganj Badi Daha, P.S.- Civil Line, District- Gaya.
           4.    Md. Gullu @ Md. Shajid S/O Md. Shahab Resident of village- Nadraganj
                 Badi Daha, P.S.- Civil Line, District- Gaya.
           5.    Afridi Quraishi @ Md. Someer S/O Naushad Quraishi Resident of village-
                 Nadraganj Badi Daha, P.S.- Civil Line, District- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                                                   Ms. Harsha Shashwat, Advocate
                 For the Opposite Party/s :        Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                   1. Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 352, 351(2), 351(3), 303(2), 117(2) and 3(5) of the BNS,

                   2023 read with Section 27 of the Arms Act.

                                 3. Learned counsel for the petitioners submits that

                   petitioner nos. 1, 2 and 4 are persons with clean antecedent and

                   petitioner no. 3 has antecedent of five cases and petitioner no. 5
Patna High Court CR. MISC. No.17467 of 2026(2) dt.28-04-2026
                                            2/3




          has antecedent of six cases and the informant alleges that on

          10.02.2025 at 10:30 PM, he was returning home, when petitioner

          nos. 3 and 5 in an intoxicated condition abused him, on objection

          petitioner no. 5 assaulted him by butt of pistol on head causing

          injury and also fired thereafter other named accused came and

          assaulted him and took Rs. 5,000/- and threatened to leave the

          locality after selling the house to them.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the allegation

          as alleged in the FIR, it would manifest that no specific allegation

          of assault or abuse is alleged against petitioner nos. 3 and 5,

          though it is alleged that they abused and petitioner no. 5 assaulted

          by butt of pistol and even fired, but then it would manifest that it

          appears that there is a dispute relating to house, as it is alleged that

          petitioners threatened him to sell his house to them. It is further

          submitted that allegation of snatching Rs. 5,000/- is ornamental. It

          is also submitted that the case has not been instituted under the

          Excise Act.

                       5. Learned A.P.P. for the State opposes the anticipatory

          bail application of the petitioners and submits that specific

          allegation of assaulting and firing is against petitioner no. 5. It is

          also submitted that petitioner no. 5 has antecedent of six cases and
            Patna High Court CR. MISC. No.17467 of 2026(2) dt.28-04-2026
                                                        3/3




                      if privilege of anticipatory bail is granted to petitioner no. 5, he

                      may abscond or try to tamper with the evidence, but then is not in

                      a position to rebut the submission of the learned counsel appearing

                      on behalf of the petitioners that no specific allegation of assault is

                      alleged against petitioner nos. 1, 2, 3 and 4 and that the case is not

                      instituted under the Excise Act.

                                   6. After hearing the learned counsel for the parties, the

                      petitioner nos. 1, 2, 3 and 4 only above-named, in the event of

                      their arrest or surrender within a period of six weeks from today,

                      be released on anticipatory bail on furnishing bail bonds of Rs.

                      10,000/- (Rupees Ten Thousand) each with two sureties of the like

                      amount each to the satisfaction of the learned trial court where the

                      case is pending/successor court in connection with Civil Line P.S.

                      Case No. 58 of 2025 subject to the conditions as laid down under

                      Section 482 (2) of the BNSS.

                                   7. However, the Court is not inclined to extend the

                      privilege of anticipatory bail to petitioner no. 5.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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