IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21469 of 2009 AMIT KUMAR Versus STATE OF BIHAR With Cr.Misc. No.27898 of 2009 PIUSH KUMAR Versus STATE OF BIHAR ----------- 3 08.10.2009 Heard learned senior counsels for the petitioners, learned counsel for the informant and learned counsel for the State. Case is under Sections 364A, 302, 201 and 120B of the Indian Penal Code. Case diary was called for in the case and prosecution case emerging from the case diary is that the deceased was kidnapped on the ground of some enmity and was brutally murdered on the next day and thereafter, accused persons were using his mobile for ransom and calls were made to his father for many days. After some time at the behest of his father, the sim in the mobile was blocked. Thereafter, another sim was used in that very mobile for further calls. It appears that some other mobiles were also used which were traced by the police. One Kunal Rai made his confessional statement and on whose confessional statement, one Dipak Kumar and the petitioners of these cases were arrested. Police - 2 - has submitted charge-sheet against these petitioners linking them with the crime also on the basis of confessional statement of petitioner Piyush Kumar. Investigation is pending in respect of other accused persons. In the circumstances, this Court is of the opinion that the petitioners do not deserve bail at this stage. The bail applications of the petitioners are rejected. Learned senior counsels for the petitioners submitted that other accused persons, who were initially arrested by the police and calls from whose mobile were made a couple of time on the mobile of the father of the deceased, have been let off by the police on extraneous considerations. Since the investigation in respect of other accused persons is continuing, this Court refrains from making any comment on the other accused persons. Suffice it to say that the police is expected to make a thorough investigation and unearth the entire story of the crime and the complicity of the accused persons involved in the case. It goes without saying that the trial - 3 - court is also sufficiently empowered under law, in the interest of justice to summon other accused persons who may not have been charge- sheeted by the police or to direct further investigation in the matter to come to the truth of the matter. In any case, since the petitioners are in custody for the last about 10 months, the trial court shall take steps in the case for early commencement of the trial and its conclusion. If the entire investigation is completed by the police and the trial does not commence within six months, the petitioners will be at liberty to renew their prayer for bail. Arvind/ (J. N. Singh, J.)