IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30878 of 2009 MAHESH MANDAL, S/o Late Ramdeo Mandal, resident of Mohalla Dharmrai Chak, P.S. Lakhisarai, District Lakhisarai Versus THE STATE OF BIHAR ----------- Cr.Misc. No.35786 of 2009 AMARJEET KUMAR, son of Arjun Yadav, resident of village Dharm Rai Chak, P.S. Lakhisarai, District Lakhisarai Versus STATE OF BIHAR ----------- 3. 28.10.2009 Heard counsel for the petitioners and the counsel for the State. In an offence u/ss 302/201/34 of the Indian Penal Code even when the petitioner is not named in the F.I.R. his complicity has surfaced in course of investigation by way of recovery of mobile phone of the deceased. Counsel for the petitioners, however, has tried to explain that in course of investigation it has transpired that the mobile so recovered from the house of the petitioner was being used by the co-accused Ajeet Yadav, who has already been granted bail by this Court by an order dated 19.8.2009 in Cr.Misc.No. 29174/2009. In the opinion of this Court the case of Ajeet Yadav will be distinguishable 2 only because hearsay evidence of his having conversation from the telephone/ mobile may or may not connect him but the petitioner has no explanation as to how the mobile of the deceased was found from his conscious possession. That being so, this Court is not inclined to grant bail to the petitioner, Amarjeet Kumar, for the present and accordingly, his prayer for bail is rejected. He may renew his prayer for bail after completing one year of his judicial custody. So far the case of the petitioner Mahesh Mandal is concerned, his case stands on identical footing as that of Ajeet Yadav and therefore, even if there be a confession of three of them, namely, Ajeet Yadav, Mahesh Mandal and Amarjeet Kumar to have killed the deceased, this Court for maintaining the parity would direct for release of the petitioner Mahesh Mandal on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial 3 Surendra/ Magistrate, Lakhisarai in Lakhisarai P.S.Case No. 114/2009 on the following conditions: (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial. (Mihir Kumar Jha,J.) 4