IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31963 of 2009 RAJESH KUMAR SINGH son of Hare Ram Singh, resident of village + P. S. Nawkothi District Begusarai ….. Petitioner. Versus THE STATE OF BIHAR ----------- 3. 10.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner facing prosecution for offence under Section 302 and other allied sections of Indian Penal Code has basically taken his defence that he is not named in the first information report as his identity as ‘Daruwala’ cannot be established inasmuch as he has nothing to do with the business of liquor. Learned counsel for the petitioner in fact, on the basis of averments made in the first information report as also materials which have come in the case-diary would submit that the petitioner is unnecessary in custody from 16.4.2009 on a vague suspicion and implication at the instance of police party which had no cogent material to lead the implication to be ‘Daruwala’. Counsel for the State on the other hand on perusal of paragraph 56 of case-diary 2 would submit that there is a direct material to show the identity of the petitioner as ‘Daruwala’ inasmuch as co-accused Avinash Kumar Singh @ Shiv Pujan Singh in his confessional statement while narrating the entire incident and role played by him as well while accompanying the main shooter Arvind Kumar Singh, has named this petitioner to be ‘Daruwala’. Said confessional statement of co-accused Avinash Kumar Singh being directly not exculpatory statement would inspire some confidence at least for the purpose of establishing the identity of the petitioner. In that view of the matter, since the petitioner has also got some criminal antecedent, though for minor office, this Court taking the totality of the circumstance would reject the prayer for bail of the petitioner for the present. The petitioner too was active member of unlawful assembly which had done away the life of the husband of the informant. The petitioner, however, is in custody since 16.4.2009 i.e. for a period over six months; he would be at liberty to 3 renew his prayer for bail after completing one year of his judicial custody. With the aforementioned observations and directions, this application is dismissed. kanchan (Mihir Kumar Jha, J.)