Md. Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26334 of 2017 Arising Out of PS.Case No. -170 Year- 2012 Thana -KHAJAULI District- MADHUBANI ====================================================== Md. Gulab Son of Md. Farook , Resident of Village- Palimohan , P.S.- Kalwahi, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Soban Asghar, Advocate Ms. Kahkashan Alam, Advocate For the Opposite Party/s : Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Khajauli P.S. Case No. 170 of 2012, G.R. No. 3119 of 2012 registered for the offence punishable under Sections 341, 323, 307, 333, 337 and 436 of the Indian Penal Code, Section 3 of the Explosive Substances Act and Sections 3/ 4 of the Prevention of Damage to Public Property Act, 1994.

The prosecution case, as lodged by the informant, is that about 1000 students and antisocial elements came, resorted to vandalism and burnt various properties of Block Office causing loss of 33,19,590=00 to the State exchequer.

Patna High Court Cr.Misc. No.26334 of 2017 (3) dt.07-07-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has not committed any offence and just because he was a member of the mob, he has been falsely implicated on the ground of suspicion. It is further submitted that nothing incriminating has been found from the possession of the petitioner and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI, Madhubani in connection with Khajauli P.S. Case No. 170 of 2012, G.R. No. 3119 of 2012. (Nilu Agrawal, J.) Arjun/- U T