Md. Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48537 of 2017 Arising Out of PS.Case No. -171 Year- 2012 Thana -KHAJAULI District- MADHUBANI ======================================================

1. Md. Gulab Son of Md. Faruk, Resident of Village-Palimohan Police Station-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 Mritunjay Kumar Nirala ====================================================== 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 30.06.2017 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. Earlier the petitioner was taken into custody in connection with another case on 06.03.2017.

Learned counsel for the petitioner submits that he is not named in the present first information report and it was lodged against 1000 unknown accused persons in age group of 12-18 years. It is further submitted that till date, there has been no recovery from the possession of the petitioner and his implication

Patna High Court Cr.Misc. No.48537 of 2017 (2) dt.17-10-2017 2/3 has come only on the confessional statement of co-accused made before the police.

In view of the fact that the petitioner's name has surfaced after five years of the occurrence, 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. 171 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

Patna High Court Cr.Misc. No.48537 of 2017 (2) dt.17-10-2017 3/3 the investigation, if not already 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