IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32223 of 2008 GABAR SINGH @ SIKENDRA SINGH …. PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY WITH Cr.Misc. No.29565 of 2008 PAPPU SINGH …. PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY WITH Cr.Misc. No.26848 of 2008 1. MRIGENDRA KUMAR @ KNOMARIYA 2. SHIV RAM SINGH @ SHIKWA …. PETITIONERS Versus THE STATE OF BIHAR …. OPP. PARTY For the petitioners : - Sri Ranjeet Kumar No. 2, Advocate Sri Akhileshwar Pd. Singh, Advocate For the O.Ps. : - Sri D. Mehta, APP ----------- 3. 11.11.2008 Heard Sri Ranjeet Kumar and Sri Akhileshwar Pd. Singh, Advocates for the petitioners and Sri D. Mehta, Additional Public Prosecutor for the State. The three petitions on behalf of four different accused persons arise out of Teghra P.S. Case No. 176 of 2007 under Section 302 etc. of the IPC. The deceased, the father of the informant and was a Dafadar. The deceased had gone to attend his duty and did not return in time. The informant thought that the deceased was still performing his duties. It so happened that the informant picked up a sound of any heavy substance falling on the ground. The informant - 2 - went in the direction of the sound, which was the verandah of the house and found his father lying there, who stated to the informant that while coming from his duties and while he was on away near the house of one Banarasi Devi, four persons surrounded him and assaulted him and he could identify the petitioner Pappu Singh. The police claims that petitioner Pappu Singh had confessed his guilt before it and named other accused persons including the three petitioners Gabbar Singh @ Sikandra Singh, Mrigendra Kumar @ Knonariya and Shiv Ram Singh @ Shikwa. The contention is that the deceased was having an illicit relationship with the said Banarasi Devi. The further contention is that petitioner Pappu Singh filed a petition from prison that the story of confession was wrong and false and that he had not made any statement nor had named any one as his accomplices. The learned counsel appearing for the petitioner Pappu Singh also urged that the implication of petitioner Pappun Singh also appears a fabrication by the police for the reasons, which could best be known to the police officers and that the petitioner had never participated in the - 3 - offence. As regards the prayer for bail of the petitioners Gabbar Singh @ Sikendra Singh, Mrigendra Kumar @ s Knonwariya and Shiv Ram Singh @ Shikwa, their prayer for bail is hereby allowed and they are directed to be released from custody on furnishing a bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 176 of 2007. As regards prayer for bail of Pappu Singh, in view of the fact that the deceased stated that it was this petitioner also among the four, who had picked up and assaulted him, his prayer for bail is dismissed. DKS/ (Dharnidhar Jha, J.)