IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8400 of 2009 KAUSHAL VERMA @ KAUSHAL MAHTO Versus STATE OF BIHAR ----------- Cr.Misc. No.46893 of 2008 NAND KISHORE RAM Versus STATE OF BIHAR ----------- In Cr.Misc. No. 8400/2009 For the petitioner :Mr. Vijay Kumar, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. In Cr.Misc. No.46893/2008 For the petitioner : Mr. Paras Nath, Advocate For the State : Mr. D.K.Upadhaya, A.P.P. 3 30.4.2009 Cr.Misc. No. 8400 of 2009 and Cr.Misc. No. 46893 of 2008 have been taken up together as they arise out of the same Arwal P.S. Case No. 13 of 2007 registered under section 302/34 and section 27 of the Arms Act and having been heard together are being disposed of by this common order. KAUSHAL VERMA @ KAUSHAL MAHTO, the petitioner of Cr.Misc. No. 8400 of 2009 and NAND KISHORE RAM, Cr.Misc. No. 46893 of 2008, though not named in the FIR are in custody in connection with aforesaid Arwal P.S. case on the basis of the statement of one Soni Kumari, the daughter of the deceased, recorded under section 164 Cr.P.C., wherein she claims to have talked to petitioner Kaushal Verma over a mobile handset who is said to have admitted having been paid Rs. 50,000/- for killing her father and on the date of occurrence three persons whom see did not recognize had followed her from the examination centre to her house and subsequently her father had been done to death. The said Soni Kumari also admitted of her illicit physical relationship with - 2 - one Ajay Kumar who is said to have established contact between Soni and Kaushal Verma over the mobile phone. Notwithstanding the statement of Soni Kumari recorded under section 164 Cr.P.C. where she claimed to have talked to Kaushal Verma and was not able to identify the three occupants of the motorcycle following her, the police never cared to put the said Kaushal Verma on T.I. parade and therefore to say that the person Soni Kumari had talked to was indeed the same person as the petitioner would be forming a presumptive opinion which in the circumstances is unwarranted. The name of Nand Kishore Ram cropped up in the alleged confessional statement of Kaushal Verma and that apart there is no other material evidence in respect of Nand Kishore Ram to connect him with the crime. Ajay Kumar the accused who had established illicit physical relationship with Soni Kumari and who are established her contact with the said Kaushal Verma has already been enlarged on bail by order dated 22.10.2008 passed in Cr.Misc. No. 42047 of 2008. It is curious that the Investigating Officer made no efforts to verify the statement of Soni Kumari of having talked with Kaushal Verma over the mobile set by recording the confessional statement of Ajay Kumar. Be that as it may, KAUSHAL VERMA @ KAUSHAL MAHTO, the petitioner of Cr.Misc. No. 8400 of 2009 and NAND KISHORE RAM, the petitioner of Cr.Misc. No. 46893 of 2008, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Arwal P.S. Case No. 13 of 2007. Spd/- (Abhijit Sinha, J.) - 3 -