Md. Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48616 of 2017 Arising Out of PS.Case No. -173 Year- 2012 Thana -KHAJAULI District- MADHUBANI ====================================================== Md. Gulab Son of Md. Farook , R/o Village- Palimohan, P.S.- Khajauli, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neerad Parashar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody on his remand since 28.06.2017 in connection with the present case for the offence registered under Sections 147, 148, 149, 341, 323, 333, 337, 427. 452, 435, 436, 380, 504, 506 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that though the first information report was lodged against 1000 unknown persons, the petitioner has been implicated in the present case after five years of the occurrence on the basis of the confessional statement made before the police. It is further submitted that for the same offence, several cases were lodged and in other cases, the petitioner has already been extended the

Patna High Court Cr.Misc. No.48616 of 2017 (2) dt.17-10-2017 2/3 privilege of regular bail.

Be that as it may and considering the nature of allegation made against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten 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. 173 of 2012, subject to the following conditions:- 1.

That one of the bailors shall be a close relative of the petitioner.

2.

That the petitioner shall not indulge in any similar offences till conclusion of the trial.

3.

That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond be liable to be cancelled by the learned court concerned.

4.

The petitioner shall co-operate with the investigation, if not already

Patna High Court Cr.Misc. No.48616 of 2017 (2) dt.17-10-2017 3/3 concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T