IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17691 of 2010 RAJEEV RANJAN @ RAJEEV RANJAN SHARMA @ CHHOTAN SINGH, SON OF SRI BENI MADHAV SHARMA Versus STATE OF BIHAR ----------- 4/ 04.08.2010 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 364/34 of the Indian Penal Code, in which charge-sheet was submitted under Section 364, 302, 201, 120B/34 of the Indian Penal Code. The informant stated that his brother Deepak Kumar, who is Area Sales Manager in Reliance Telecom, Patna left his house on 28.11.2008 at 8:30 A.M. and did not return. The informant in course of enquiry, learnt that his brother in the evening at about 6:10 P.M. had gone to meet one Bharat Bhushan and then he went to meet one Ajeetabh Arvind, an office staff. It is further stated that he went to Alpana market to attend the opening ceremony of wine shop of one Amit Kumar at Alpana Market. At about 9:05 P.M., Deepak had a talk with his wife Rekha Singh. He has further stated that it has come in the investigation that the deceased remained with Amit till 10:00 P.M. along with petitioner and Ganga Sagar Ojha @ Tinku. Learned counsel for the petitioner submits that he has been implicated in this case on confessional statement of co-accused Amit Kumar, a salesman of Sky Land Shop and Ambika Prasad, who runs mess in a hotel. Learned counsel for the petitioner submits that it would appear from the statement of Amit Kumar that the victim Deepak Kumar went out on his own vehicle whereas other accused persons - 2 - left Sky Land shop by Victa Sumo. He further submits that in the confessional statement it is stated that he had gone to Patliputra Hotel, which was booked in the name of Ganga Jha and there was some scuffle between Deepak Kumar and others in respect to the aforesaid Ganja Jha. The case of the prosecution is that thereafter the petitioner and one Amit Kumar, accused in this case, went out with Deepak Kumar late in the night together. It is alleged that after murdering they threw him in the Ganges river. The petitioner submits that there is no eye witness of the occurrence and no one has seen the petitioner moving out with the deceased Deepak Kumar from Hotel Patliputra. He submits that the allegations are based on mere suspicion and he further submits that his bail application was rejected on 31.07.2007 in Cr. Misc. No. 19216 of 2009 with an observation to renew his prayer for bail after six months. Now more than one year has elapsed since then. In the facts of the case, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. case no. 498 of 2008 with the following conditions: (i) One of the bailors would be his own family member and the other would be a public servant. (ii) The petitioner will not physically absent for two consecutive dates till three witnesses are examined in trial. - 3 - (iii) The petitioner would make himself available, as and when required, during investigation or trial. (iv) The petitioner would report to nearby police station once every two months till three witnesses are examined and will file an affidavit to this effect in the court below. If any of the conditions are violated, the bail bond of the petitioner would be cancelled and he would be taken into custody. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)