Md. Gulab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8592 of 2016 Arising Out of PS.Case No. -169 Year- 2012 Thana -KHAJAULI District- MADHUBANI ====================================================== Md. Gulab son of Faruk of village Pali Mohan, P.S. Khazauli, DistrictMadhubani .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Md. Soban Asghar, Advocate For the Opposite Party : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Khajauli P.S.Case No. 169 of 2012 for the offences instituted under Sections 147, 148, 149, 341, 323, 307, 333, 353, 427, 380, 452, 435, 436, 504, 506 and 120(B) of the Indian Penal Code. As per prosecution case Umesh Kumar Paswan, Sub Inspector of Police Khajauli alleges that on 13.10.2012 at 10 A.M. a violent mob of public under the joint Command of Krishna Kumar Singh, Kundan Kumar, pronouncing slogan against the administration reached towards Mangti Chowk and return again seeing them the informant along with circle Inspector requested them to maintain peace, in the meantime, second group of mob under the command of Kundan Kumar went towards the Khajauli
market and began to force the people to close the shop and it is further alleged that after some time the procession reached to the police station towards railway line and the informant further alleged that accused Parnami Singh belonged to the mob and the mob began firing and throwing stones in police station and also began to throwing petrol and further alleged that they entered in police barrack and Chotu Singh and Dharmendra Kumar set at fire and other members of mob looted cloths etc from the barrack of literate constables and further alleged that after arson in police station they looted govt.
It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. Altogether twenty five persons have been named in the FIR along with one thousand unknown persons. There is no specific allegation against the petitioner. The other co-accused have been granted anticipatory bail by this Court vide Cr.Misc.Nos.44619 of 2013, 7292 of 2015, 27097 of 2015 and 3029 of 2015. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period
of six weeks from today in connection with Khajauli P.S. Case No. 169 of 2012/G.R.No.3118 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Atul Bir Singh, Judicial Magistrate, Ist Class, Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T