IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24209 of 2010 Dr.Israil, son of Samsuddin Ansari, resident of Barwan, P.S. Navinagar in the district Aurangabad…………………………………………………………….Petitioner Versus The State Of Bihar…………………………….Opposite Party ----------- 3 11.10.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Case is under Sections 144, 149, 427 and 120B of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act and Section 17 of the C.L.A. Act. From the first information report it appears that a mob of over 100 people damaged the road raising slogan against the Government. Later on, petitioner was arrested in this case on suspicion that he was also a member of the M.C.C. Case diary was called for and from the case diary it does not appear that any independent material evidence surfaced during the investigation to show that petitioner was a member of the M.C.C. and only on account of his implication in two other cases, he was made an accused in this case also. Petitioner is in custody since 06.11.2009. 2 Considering the lack of sufficient materials collected during the course of investigation against the petitioner of his being a member of the M.C.C., this application is allowed. Let petitioner (Dr. Israil) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Dhibra P.S. Case No.17 of 2009 with conditions as laid down in sub- section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)