IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14633 of 2009 SHIV JEE THAKUR Versus THE STATE OF BIHAR ----------- Cr.Misc. No.21665 of 2009 ASHOK THAKUR @ ASHOK KUMAR THAKUR Versus STATE OF BIHAR ----------- Cr.Misc. No.16036 of 2009 ILAM KAPAR Versus STATE OF BIHAR ----------- Cr.Misc. No.16939 of 2009 UMA THAKUR Versus STATE OF BIHAR ----------- 04. 07.09.2009 In all these cases petitioners have been made accused on the basis of the statement of the informant that they were involved in the murder of his son Durgesh Kumar Thakur and had tricked the informant for cremating the dead body so that truth may not come. Submission of the learned counsel for the petitioners is that the whole allegations seem to be improbable. The only evidence which is there for implication of the petitioners in the said case is so- called acceptance of their guilt before the villagers which amounts to extra confessional statements. The detail of the so-called confession has not been brought or recorded during the course of investigation. It is further submitted that no evidence impendent of any kind has come to show with regard to the complicity of these petitioners in the said - 2 - crime. It is at the behest of certain interested persons that the present case has come to be filed. The Court has gone through the case diary. The police has relied merely on the so-called statements made by some villagers that these petitioners had accepted their complicity in the crime before them. The whole investigation seems to be based on those statements but at no point of time in the investigation, the so-called confessional statements have been either reproduced or recorded. Even the narration made in the FIR does not seem to be convincing. In view of the same, giving the benefit of doubt at this stage, let petitioners Shiv Jee Thakur, Ashok Thakur alias Ashok Kumar Thakur, Ilam Kapar and Uma Thakur be released on bail on furnishing bail bond of Rs.20, 000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Samastipur Town (Mofussil) P S Case No. 678 of 2008, with a direction that petitioners will not intimidate the witnesses and they shall appear in persons or through their counsel on each and every date fixed by the trial court. Any breach or aberration of the condition may entitle the court below to take away the privilege of bail granted to the petitioners. rkp (Ajay Kumar Tripathi, J)