IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.309 of 2009 KAMLESH KUMAR YADAV @ KAMLESH KUMAR @ KAMLESH KUMAR SINGH, RESIDENT OF VILLAGE BHALUHAR, P.S. GURUA, DISTT. GAYA ------------------- PETITIONER Versus STATE OF BIHAR ----------- 2. 5.2.2009 Heard. The case has been registered under sections 307 etc. of the Indian Penal code and sections 25 etc. of the Arms Act on the allegation that the police party was fired at by a group of extremists when it had arrived at or around the place so as to nabbing them. The police came retaliating by firing shots and having killed two of the extremists. It lodged the F.I.R. against 50-60 unknown persons and started apprehending many persons and got them remanded to custody. The petitioner was one of such persons. The attention of the Court was drawn to annexure-2/1 the forwarding notes presented before the S.D.J.M. on the same day i.e. 25.10.2008 and further the connected orders passed by the court on those forwarding notes. 2 The first indicated that the petitioner was a non-FIR accused without pointing out as to what was the gist of the evidence collected by the police which was appearing against the petitioner on his complicity in the offence. The Magistrate rejected the forwarding notes and sent the petitioner back to the police station. Just thereafter annexure-2/1, another forwarding report containing the same fact, was placed before the Court which stated besides containing the fact as in the earlier report that the extremists had assembled or had come at the solicitation of the petitioner and the court remanded the petitioner. The contention was that just a few minutes before, the evidence of solicitation extremists activities was not placed before the court, but the police officer all on a sudden plucked it from nowhwere and placed it before the Court. Regard being had to the facts and contentions, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub- 3 divisional Judicial Magistrate, Sherghati at Gaya in connection with Gurua P.S. case no. 64 of 2008. (Dharnidhar Jha,J.) AI