IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37468 of 2009 BRAJESH THAKUR @ BRAJESH CHANDRA THAKUR, SON OF LATE RAM BILASH THAKUR, RESIDENT OF VILLAGE LAHLADPUR PATAHI, P.S. SADAR, DISTRICT-MUZAFFARPUR. …………………………………………………………..PETITIONER. Versus THE STATE OF BIHAR………………………..OPPOSITE PARTY. --------- For the Petitioner : Mr. Mukul Kumar, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. For the Informant : Mr. Akhileshwar Prasad Singh and Mrs. Prabha Singh, Advocates. ---------- 3. 18.12.2009. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel for the informant. The petitioner is an accused in a case registered under Sections 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the F.I.R. has been drawn up against one Amtibah Kumar and other unknown persons. The petitioner is not named in the First Information Report, however, in his further statement, the informant has stated that the mother of the victim had contacted him on his mobile phone and - 2 - during that conversation the victim had disclosed that he was in the house of this petitioner alongwith Amitabh and his brother. It has also been submitted that apart from this strong suspicion, there is no evidence against the petitioner. It is stated that the co-accused, Amitabh Kumar, has been set up as main accused in this case by the informant, in the First Information Report. Learned A.P.P. for the State submitted that the name of the petitioner has surfaced in the further statement of the informant wherein he has stated that the mother of the victim had contacted him on his mobile and the victim had stated that he was in the house of the petitioner alongwith co-accused Amitabh Kumar and his brother. Learned counsel for the informant submitted that the fact that the mother of the victim had contacted him at about 11 P.M. in the night has been established after the print out of mobile phone has been obtained by the police, however, in reply, the learned counsel for the petitioner submitted that it is not clear therefrom as to what was conveyed at that time and even if it is assumed that victim was in the house of petitioner, it is not established that the - 3 - petitioner was instrumental in killing of the deceased whose body was found next day from some other place. Having regard to the facts and the circumstances of the case, the petitioner, Brajesh Thakur @ Brajesh Chandra Thakur, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Kanti P.S. Case No.167/2009. P.S. (Dr. Ravi Ranjan,J)