IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15292 of 2009 ANAND CHOUDHARY @ SONU, Son of Ajay Kumar Choudhary, resident of mohalla- Neel Kothi, P.S.-Dehri on sone, P.O.-Dehri on sone city, District- Rohtas. ………Petitioner. Versus THE STATE OF BIHAR ………Opp. Party. with Cr.Misc. No.14310 of 2009 LAXMAN SAO, Son of Late Basudeo Sao, resident of Mohalla-Eastern Mohan Bigha, P.S.-Dehri, District-Rohtas. ………Petitioner. Versus THE STATE OF BIHAR ……….Opp. Party. with Cr.Misc. No.14917 of 2009 MANJHILA KAHAR, Son of Late Bhuti Singh Rawani, resident of Mohalla- Khatik Tola (Kooli Qarter), P.S.-Dalmianagar, District-Rohtas. ………..Petitioner. Versus THE STATE OF BIHAR ……….Opp. Party. with Cr.Misc. No.23494 of 2009 AMIT KUMAR GUPTA, S/o Satyendra Prasad Gupta, R/o Mohalla- New Area Patel Gali, Dehri, P.S.-Dehri, District-Rohtas. ……..Petitioner. Versus THE STATE OF BIHAR ………Opp. Party. with Cr.Misc. No.23579 of 2009 ASHOK KUMAR GUPTA @ ASHOK MASTER, Son of Ram Raj Gupta, resident of village-Hariharganj, P.S.-Nasriganj, District-Rohtas, at present R/o Mohalla- west Mohan Bigha, Adarsh Nagar, P.S.-Dehri, District-Rohtas. ……..Petitioner. Versus THE STATE OF BIHAR ……..Opp. Party. ----------- - 2 - 3/ 24.08.2009 Heard learned counsel for the petitioners and the State. The petitioners are accused in a case under Sections 302/34, 120B of the IPC and Section 27 of the Arms Act. The F.I.R. has been instituted by the wife of the deceased. The allegation is that Vinod Painter, Anand Choudhary @ Sonu, Laxman Sao, Ajay Chaudhary and Manjhila Kahar used to demand rangdari form the deceased Md. Sadaruddin who owned the Kabari Shop. The demand was made by all the aforesaid persons one year back. It is alleged that these persons who are responsible for murdering the deceased. During the investigation, it appears that several witnesses were examined, name of the petitioners transpired on strong suspicion and it is alleged that Vinod Painter was seen in the vicinity one week prior to the occurrence. It has come during the investigation that Vinod Painter and the Ashok Kumar Gupta @ Ashok Master and Amit Gupta operate the Gang for demand of Rangdari. Investigation reveals telephone numbers from which calls were made by Amit Gupta and Vinod Painter which indicates that they were connected at the time of occurrence. From all these materials the Investigating Officer was able to decipher that all the petitioners were involved in a conspiracy for demand of Rangdari. During the investigation Anand Chaodhary @ Sonu, Laxman Sao, Manjhila Kahar and Vinod Gupta were allocated the role of spies and associates of the Gang whereas Amit Gupta collected money for the gang. Learned counsel appearing on behalf of the petitioners - 3 - submits that the evidence has come in case diary is hearsay evidence and cannot be said to be direct evidence against the petitioners and as such they should be released on bail. This Court finds that there may not be direct evidence but there is substantial evidence that these petitioners were associates of Vinod Painter who is said to have shot the deceased. In the circumstances, I am not inclined to grant bail to the petitioners at this stage. The prayer for bail is rejected. Sanjeet/ (Sheema Ali Khan, J.)