IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17667 of 2008 NANDAN KUMAR SINGH Versus STATE OF BIHAR - - - - 5. 19.8.2008 Heard. The petitioner Nandan Kumar Singh is in custody and seeks bail in Begusarai Town P.S. Case No. 360 of 2007. The case relates to the killing of an Advocate Ram Naresh Sharma who was practicing in the Civil Courts, Begusarai, and who was an Additional Public Prosecutor handling the cases in respect of Suraj Bhan Singh. The allegation is that the said Suraj Bhan Singh himself and through his men held out threats to the deceased Advocate for not pursuing the matters against him with tenacity. When the informant was discussing the matter with the deceased so as to lodging an information with the court and the administration, three young criminals riding a pulsar motorcycle came there and one of them enquired about the Advocate. When the Advocate asked the informant to send them up two young men went upstairs whereas the third remained sitting on the motorcycle. The deceased was 2 taking tea and the two criminals who went upstairs had some papers in their hands. The informant had gone out to bring water when he heard a shot being fired and he turned around and saw that his father was hit in the chest and injured. He raised a hulla as also picked up his father and in the meantime the two criminals went away. It is alleged that the deceased was the prosecutor in a murder trial against the said Suraj Bhan Singh and was also assisting Shri Shyameshwar Dayal, Special Public prosecutor in five other cases of serious crimes pending in the civil courts, Begusarai. Learned counsel appearing for the petitioner, Shri Gyananda Roy, submitted that except the confessional statement of a co- accused there is nothing against the petitioner who was in custody even on the day of the occurrence. It was submitted that the Narco analysis test and other instrumentalities of investigation could not yield any positive results and all the materials are inadmissible which could not be the basis of refusing the prayer for bail. 3 Learned Additional Public Prosecutor has resisted the prayer by drawing the attention of the Court to the statements of the witnesses in various paragraphs of the case diary including the confessional statements of some of the accused and it appears that the petitioner, as may appear from the statement of the brother of the petitioner recorded in paragraph 170 of the case diary, had directed Chandan Kumar Singh to render all assistance to accused Lutan Kumar in committing the murder of the deceased Ram Naresh Sharma and accordingly the murder was committed in the manner as detailed by said Chandan Kumar Singh. The wife of Chandarn Kumar Singh was examined by the police in paragraph 420 of the case diary and that also indicates that this petitioner was instrumental and had managed commission of murder from inside jail. The prints out of different mobiles in various paragraphs of the case diary have been noted and four prints out clearly indicate consistent talks between the accused persons with the present petitioner. Not only that an accused was also 4 in custody in another case, namely, Anil Kumar Mahto. His wife appears also knowing about the incident or, to be a privy to the occurrence as her SIM was also utilized by the criminals in making calls. Thus, I find sufficient material in the case diary indicating the conspiracy of the petitioner with other accused persons under which Advocate Ram Naresh Sharma was murdered, considering which I am not inclined to direct release of the petitioner on bail. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)