Md. Gulab v. The State Of Bihar

Patna High Court Cr.Misc. No.50782 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50782 of 2017 Arising Out of PS.Case No. -172 Year- 2012 Thana -KHAJAULI District- MADHUBANI ====================================================== Md. Gulab Son of Md. Farook, Resident of village Palimohan Police Station Khajauli,District Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neerad Parashar For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Khajauli P.S.Cae No.172 of 2012 corresponding to G.R.No.3121 of 2012 registered for offences punishable under Sections 147, 148, 149, 341, 323, 333, 337, 427, 452, 435, 436, 380, 504, 506 and 120(B) of the Indian Penal Code and Section 3 and 4 of Prevention of Damager Properly Act, 1984..

Allegation against the petitioner as per FIR is that some unknown miscreants have caused damage and loot-pat of Bal Vikas Priyojna Office, Khajauli, Madhubani and also damaged the building as well as the records. The petitioner is not named in the FIR and later on his name appears on the basis of confession of the co-accused.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.50782 of 2017 (2) dt.18-10-2017 that apart from the confession, there is absolutely nothing against him and he is in custody for about 3 1⁄2 months. He has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. III, Madhubani in connection with Khajauli P.S.Case No.172 of 2012.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T