IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10223 of 2009 RAMASHISH RAI Versus STATE OF BIHAR with Cr.Misc. No.13185 of 2009 JITU RAI @ JITTUA RAI Versus STATE OF BIHAR with Cr.Misc. No.15804 of 2009 PACHU RAI Versus STATE OF BIHAR with Cr.Misc. No.17873 of 2009 ASHOK RAI Versus STATE OF BIHAR ----------- 3 10/08/2009 Above noted applications arising out of one occurrence i.e. Mokama P. S. Case No. 118 of 2008 have been heard together and are being disposed of by this common order. The petitioners are accused of a case registered under sections 302, 201/34 of the Indian Penal Code and section 27 of the Arms Act. The fard beyan of the informant implicates seven persons regarding killing of elder brother of the informant’s husband. It is alleged that Pramod Rai was mercilessly beaten and carried away by the petitioners and others. The informant suspected that Pramod Rai 2 might have been killed and his dead body was disposed of in the river. Submission is that even according to the fard beyan, no one is the witness of killing rather it is alleged that the petitioners were seen carrying away Pramod Rai. Relying upon the confessional statement of father of Pramod Rai which is annexed at Annexure-3 of Cr. Misc. No. 10223 of 2009, it is submitted that the father of Pramod Rai confessed that his son Pramod Rai is involved in nefarious activity and is a permanent member of the gang which was involved in kidnapping and realization of ransom. He has also given detail statement that how a cloth merchant of Muzaffarpur was kidnapped for ransom and was kept in maize field. It is further submitted that Pramod Rai himself was an accused in several cases which are Bachwara P.S. Case No. 47 of 1999 u/s 465, 364, Mokama P.S. Case No. 86 of 1999 u/s 307 and Mokama P.S. Case No. 117 of 2008 u/s 308 and some other sections of the Indian Penal Code. There is possibility that Pramod Rai might have been taken away his enemies. Prayer for bail has been opposed by the learned APP assisted by the learned counsel for the informant. It is submitted by the counsel of the informant that the informant and others have named the petitioners 3 as the persons who were seen carrying away the victim. Considering the facts and circumstances of the case, the petitioners above named of all the cases are directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Barh in S. Tr. No. 166 of 2009 arising out of Mokama P.S. Case No. 118 of 2008. avin (Shyam Kishore Sharma, J.)