IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11136 of 2009 SATYENDRA SINGH Versus THE STATE OF BIHAR WITH Cr. Misc. No.19216 of 2009 RAJEEV RANJAN @ CHHOTAN SINGH Versus THE STATE OF BIHAR WITH Cr. Misc. No.12544 of 2009 AMIT KUMAR Versus THE STATE OF BIHAR ----------- 5/ 31.07.2009 All the bail applications, namely, Cr. Misc. No. 11136 of 2009, Cr. Misc. No. 19216 of 2009 and Cr. Misc. No. 12544 of 2009 are taken up together. 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. The aforesaid Deepak Kumar did not return in the evening nor in the morning whereafter a search begun for him. The informant in course of inquiry learnt that he had gone in the evening at about 6:10 P.M to Bharat Bhushan and then he went to meet one Ajeetabh Arvind an office staff. Thereafter 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. It 2 has further come in investigation that Deepak Kumar remained with Amit till 10:00 P.M along with Rajeev Ranjan @ Chhotan Singh and Ganga Sagar Ojha @ Tinku. Learned counsel for the petitioner Satyendra Singh stated that latter is not named in the First Information Report nor any witness has named him as an accused. He further states that his name does not figure as a participant even in the confessional statement of co-accused Amit Kumar and Rajeev Ranjan @ Chhotan. Save and except that Victa Sumo of Raneev Ranjan used in the alleged murder of Deepak was sent to his house at his village house there is no material to connect him with crime. Satyendra Singh happens to be maternal uncle of Rajiv Ranjan @ Chhotan. Even assuming the prosecution case to be true, he would be liable only for the offences under Section 201 of the Indian Penal at the most. Learned Counsel for the State and the informant are not able to controvert the aforesaid submissions of the petitioner Satyendra Singh. Having considered the facts and circumstances of the case, Satyendra Singh is directed to be released on bail on furnishing bail bond of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned 3 Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No. 498 of 2008. The petitioners Rajeev Ranjan @ Chhotan Singh and Amit Kumar stated that they have been falsely implicated on mere suspicion. They further stated that they have been sought to be implicated on their own confessional statement as well as the statement of one Amit Kumar a salesman of Sky Land Shop and one Ambica Prasad who runs a mess in the hotel of her college. Even as per the statement of Ajit Kumar recorded in paragraph 26 of the case diary it could be said that these two petitioners along with Deepak Kumar and one Tinku took wine around 9:30 P.M. Even according to the statement of Ajit Kumar the victim Deepak Kumar went out on his own vehicle whereas other accused persons left the Sky Land Shop on Victa Sumo. Learned counsel submits that the police thereafter had extorted their statement to show that the petitioners along with Deepak Kumar had gone to hotel Patliputra Ashok which was booked in the name of one Miss Ganga Jha. Prosecution has tried to project that there was scuffle between the petitioners and Deepak Kumar as the latter tried to misbehave with Miss Ganga Jha. Learned counsel submits that there is no evidence to 4 suggest that petitioners and Deepak Kumar went out from the Hotel Ashok late in the night together. Both the informant and State submit that petitioners took Deepak Kumar toward Ganga Bridge late in the night after coming out of the Ashoka Hotel and threw him in the Ganges after murdering. They state that some blood has been found in both the vehicles. According to them aforesaid material point towards the guilt of the accused persons. It appears that the vehicle of Rajeev Ranjan @ Chhotan Singh was recovered from the village of Satyendra Singh soon after the occurrence. It further appears that some blood stains were found in the aforesaid vehicle. There is allegation that petitioners were at least last seen with deceased victim Deepak Kumar in the night whereafter he is not traceable. In the aforesaid circumstances, I am not inclined to grant bail to these petitioners, namely, Rajeev Ranjan @ Chhotan Singh and Amit Kumar. Accordingly, the prayer for their bail is rejected. However, they may renew their prayer for bail after six months. kundan (S. P. Singh, J.)