IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40781 of 2009 UTTAM KUMAR son of Dayanand Sah resident of village Makkha Talkia P. S. Naughachhia District- Bhagalpur….. Petitioner. Versus STATE OF BIHAR . with Cr.Misc. No.41065 of 2009 RINKU @ RABI KUMAR GUPTA son of Sri Chedi Prasad Sah, resident of village- Makhkhatia, P. S. Naugachhia, District- Bhagalpur…. Petitioner. Versus STATE OF BIHAR . with Cr.Misc. No.41073 of 2009 SONU KUMAR SINGH @ RANJEET KUMR SINGH son of Bijay Prasad Singh, resident of village Jairampur, P. S. Bihpur, District- Bhagalpur…. Petitioner. . Versus THE STATE OF BIHAR . ----------- 2. 27.11.2009. Heard counsel for the petitioners in all the three cases and counsel for the State. Petitioners Uttam Kumar, Rinku and Sonu Kumar Singh along with 10 other unknown persons were initially said to have remained unnamed in connection with the present case for offence under Sections 395,412,120 (B) of the Indian Penal Code and their complicity has emerged in course of investigation by way of certain recovery and confessional statement of co-accused. As a matter of fact, this court on earlier occasion with regard to two other co-accused namely Sonu Bharat @ 2 Sonu Kumar and Pintu Kumar Choudhary had gone into the entire case of the prosecution wherein it was found that the case of co- accused Manjit Choudhary, Chhatu Sah and Sonu Singh @ Ranjit Singh had stood on separate footing on account of either certain recovery or confessional statement. Counsel appearing on behalf of petitioners Uttam Kumar and Rinku @ Rabi Kumar Gupta would point out that their case stands on identical footing as that of co- accused Sonu Bharat and Pintu Kumar Choudhary and in fact they have also got no criminal antecedent. Considering the aforementioned aspects, this court would direct for release of petitioners namely Uttam Kumar (in Criminal Misc. No.40781 of 2009) and Rinku @ Rabi Kumar Gupta (in Cr. Misc. No. 41065 of 2009)on bail on their furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Katihar in connection with Korha P. S. Case No. 122 of 2009, subject to a condition that one of the bailors must be a close family member of the 3 petitioners. Mr. Chitaranjan Sinha, learned senior counsel for the petitioner namely Sonu Kumar Singh @ Ranjeet Kumar Singh( in Cr.Misc No. 41073) would submit that there appears to be some error of record in the order of this court dated 4.11.2009 while granting bail to co-accused wherein it has been wrongly recorded that there was a recovery from the conscious possession of the petitioner. He, however, would not be in a position to deny this fact and in fact part of it stands admitted in paragraph 7 of the second supplementary affidavit that such recovery was made from the house of the petitioner Sonu Kumar Singh but then such house was a joint house. In the opinion of this court, none of the family members of Sonu Kumar Singh is co-accused in this case and the complicity of the petitioner, Sonu Kumar Singh is not only on the recovery but also on the confessional statement of other co-accused and their combined effect would be that he was one of the three persons who was involved in the occurrence. 4 The petitioner, Sonu Kumar Singh @ Ranjeet Kumar Singh is in custody since 28.7.2009 and while rejecting his prayer for bail for the present, a liberty is given to him to renew his prayer for bail after completing one year of his judicial custody. Accordingly, the prayer for bail of petitioner, Sonu Kumar Singh @ Ranjeet Kumar Singh is rejected. kanchan (Mihir Kumar Jha, J.)