IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22687 of 2009 RAM PRASAD THAKUR son of Ram Feran Thakur, resident of village Man Kauli, P.S. Kalyanpur, District Samastipur… …Petitioner Versus THE STATE OF BIHAR.. ..OPPOSITE PARTY For the Petitioner: Mr. Suraj Narain Prasad Sinha, Sr. Advocate Mr. Ram Shankar Prasad, Advocate For the State: Mr. Uma Shankar Prasad Singh, APP For the Informant: Mr. M.K. Thakur, Advocate …. 10 01.04.2010 Heard learned counsel for the petitioner, the State and the informant and perused the report of the Forensic Science Laboratory, Bihar, Patna with regard to the chemical examination of the materials collected during the course of investigation. The report of the chemical examination sent by the Forensic Science Laboratory, Bihar, Patna was opened in the Court on 11.03.2010. The petitioner is in custody and seeks bail in a case registered under section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is not named in the first information report, however, on the basis of the confessional statement of a co-accused, Paramjit Kumar, his name has surfaced and he has been - 2 - implicated in this case. It has been alleged that the premises of a rented house of Hajipur, which was under the occupation of the petitioner, was raided, and shirt and pant of the petitioner were seized and he was arrested on 12.12.2009. Learned counsel contended that the Superintendent of Police directed for chemical examination of the blood stained cothes etc. if found upon the seized articles. However, the said report was not submitted and when this Court called for the report of the chemical examination, which was directed to be done by the concerned Superintendent of Police, then only steps were taken and seized articles were sent to the Forensic Science Laboratory for its chemical examination. However, the report of the chemical examination has come and it is submitted that the articles, which were seized from the possession of the petitioner, i.e. full sleeved shirt and trouser, do not contain any blood. Thus, it is submitted that the petitioner is languishing in jail only on the basis of suspicion. It is further stated that co-accused Paramjit Kumar and Abhishek Kumar had already been granted bail by a Bench of this Court vide order dated 29.04.2009 in - 3 - Criminal Miscellaneous No. 4151 of 2009. Learned counsel for the State submitted that the petitioner was apprehended on the basis of confessional statement of a co-accused. However, it is further submitted that the report with regard to the chemical examination has now come that the blood could not be detected in the seized articles from the possession of the petitioner. Learned counsel for the informant submitted that apart from the confessional statement, a pocket telephone diary was recovered lying besides the dead body of the deceased, in which the name of Munna Communication, Hajipur was mentioned. It is submitted that the petitioner was working at the shop of Munna Communication. However, learned counsel for the petitioner submitted that the name of one Munna was found mentioned in the aforesaid telephone diary, who is brother of co-accused Paramjit Kumar, who has already been granted bail by a Bench of this Court. It is also stated that the petitioner had made a call from that mobile number, which was mentioned in the telephone diary to the deceased two hours prior to the - 4 - occurrence. In reply learned counsel for the petitioner submitted that the aforesaid mobile belongs to the Munna Communication and the aforesaid Munna is brother of co- accused Paramjit Kumar. However, the aforesaid Munna has not been made accused in this case. Secondly, there is nothing on record except the bald statement to suggest that actually the petitioner had made a call to the deceased from such mobile. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, RAM PRASAD THAKUR, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Samastipur in S.T. No. 292 of 2009 arising out of Kalyanpur Police Station Case No. 293 of 2008 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. The concerned court is directed to take all - 5 - possible steps for expeditious trial of the case. Let the forensic report with regard to the chemical examination be sealed and sent back to the Forensic Science Laboratory, Bihar, Patna, so that the same could immediately be sent by it to the concerned court. SC (Dr. Ravi Ranjan, J.)