Surendra Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47861 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -MADANPURA District- AURANGABAD ======================================================

1. Surendra Bhuiyan S/o Sita Bhuiyan, R/o Village- Azad Bigha, P.S.- Madanpur, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-11-2016 Heard the Counsel for the petitioner and the APP for the State.

Present application prays for grant of bail in Madanpur P.S. Case No. 72 of 2016 registered under Sections 124(A), 307, 115 and 120B of the Indian Penal Code and section 17 of C.L.A. Act.

The S.H.O. lodged the case that an information was passed to him that one Lal Babu Paswan has purchased gas cylinder to be provided to the Naxalite. It was to be executed through co-accused Umesh Bhuiyan, Deonandan Bhuiyan and the petitioner. On such information, the petitioner was arrested who is said to have made confessional statement whereafter the location was searched and only mobiles were recovered. No bomb or land mines were recovered.

Patna High Court Cr.Misc. No.47861 of 2016 (2) dt.10-11-2016 2/2 It is submitted that the petitioner is in custody since 01.08.2016. Co-accused Lal Babu Paswan and Umesh Bhuiyan have been released on bail by this Court vide order dated 27.10.2016 passed in Cr. Misc. Nos. 36868 and 44405 of 2016. Considering the facts and circumstances of the case, Considering the facts and circumstances of the case, the petitioner abovenamed is directed to 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 learned Chief Judicial Magistrate, Aurangabad in Madanpur P.S. Case No. 72 of 2016 subject to the following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T