Rajbali Kumar Bhuiyan @ Gurujee @ Guruji v. The State Of Bihar

Patna High Court Cr.Misc. No.46402 of 2016 (03) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46402 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -DEO District- AURANGABAD ======================================================

1. Rajbali Kumar Bhuiyan @ Gurujee @ Guruji S/o Rameshwar Bhuiya, resident of Village- Bhadokhar, P.S.- Deo, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar -Advocate For the Opposite Party/s : Mr. Sri Abhay Kumar - 1-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

On getting the confidential information regarding presence of Maowadi at hilly terrain lying at village-Ganjoi, police came in action and during course thereof, there was cross-firing wherein one of the constables succumbed to his injury while two other became injured.

Petitioner's presence has not been perceived at an earlier occasion. He was apprehended on mere suspicion and subsequently thereof, the police got his involvement affixed by way of inculpatory extra-judicial confession statement as is evident from Para-38 of the case diary, as submitted by the learned Additional Public Prosecutor.

Patna High Court Cr.Misc. No.46402 of 2016 (03) dt.14-12-2016 In the aforesaid facts and circumstances of the case, petitioner, Rajbali Kumar Bhuiyan @ Gurujee @ Guruji 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 the learned Chief Judicial Magistrate, Aurangabad in connection with Deo P. S. Case no.33 of 2016, subject to condition that petitioner will have his physical presence before the Police Station concerned one's in a fortnight and the Officer-in-Charge will grant certificate to that event, which will be filed before the learned lower Court regularly till conclusion of the trial. In case of failure at the end of the petitioner in furnishing certificate before the learned lower Court, will enable the learned lower Court to cancel his bail bond.

(Aditya Kumar Trivedi, J) Vikash/- U T