IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19553 of 2010 VIJAY SINGH @ VIJAY KUMAR SINGH Versus STATE OF BIHAR ----------- 4 19.7.2010 Heard counsel for the petitioner and the State. The petitioner is an accused in a case under sections 302, 201/34 of the Penal Code. It is alleged by the informant Anil Kumar Jha that on 3.10.2009 at about 8.45 P.M. the petitioner along with accused Ramanuj Singh, Mithilesh Singh @ Bipiya and Niraj Singh came to his house and called his brother Anit Kumar Jha. All the accused persons were armed with deadly weapon except Niraj Singh. Thereafter his brother went along with them although he objected but his brother assured him to return within ½ hours. However, when the informant’s brother did not return, he tried to contact him on his mobile which too was not responding. Thereafter they made a search and even went to the house of the accused persons who were not even found at their respective houses. The next morning he saw his brother with full of blood in the field of one Bachchan Singh. The informant suspected that on account of money matter his brother has been killed. Learned counsel for the petitioner submits that it is a case of last seen and no one has seen the actual assault. He submits that accused Niraj Singh in his confessional statement has stated that his pistol got misfired and hit the deceased. He further submits 2 KHAN that even other accused namely Mithilesh Singh @ Bipiya in his confessional statement has stated that the fire which was resorted by the accused Neeraj has hit the deceased. The petitioner submits that he had sought to be made an accused on the confessional statement of co-accused and he is in custody since 13.10.2009. Counsel for the informant opposes the prayer for bail. He submits that his brother has been done to death by the co- accused persons on account of money dispute. He further submits that it would appear from the F.I.R. that all the accused persons were armed with deadly weapon. Having considered the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. However, he may renew his prayer for bail after four months. (S.P.Singh,J)