IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22744 of 2008 MAINUDDIN SHAH Versus THE STATE OF BIHAR ----------- 3 24.09.2008 Heard learned counsel for the petitioner and the State. The case is under Section 364 and 379/34 of the Indian Penal Code. The petitioner is the Khalasi of Truck No. UP 53 T- 3054, who killed the driver and sold the truck and the deceased Sakaldeo yadav was the driver of that Truck. The complicity of the petitioner transpired from the confessional statement of the petitioner, who disclosed that on 18.08.2007, while he, along with the driver (deceased) was going on the truck he (petitioner) got the truck stopped on the ground that he had to urinate and that when he (petitioner) came down from the truck, criminals on Scorpio vehicle came there and they captured the truck, overpowered the driver and the petitioner and they sold the truck. It was also disclosed by the petitioner that the criminals killed the driver by tieing rope around his neck and that they did not kill him (petitioner) on being asked by one of the criminals, who was a friend of his 2 (petitioner’s) brother. The petitioner also disclosed in his confession that the criminals assured him to give Rs.50,000/- out of the sale proceeds of the truck, but they gave him Rs.1500/- only. The petitioner further disclosed that the criminals had thrown the dead body of the driver near Pipra. In course of investigation the dead body of the driver was found by the side of national highway near Pipra. Learned counsel for the petitioner submits that there is nothing beyond the confession against the petitioner, which was made before police. Mr. S.R. Haque submits that the confession indicates the complicity of petitioner in the crime. Thus, considering the confession, particularly the petitioner stopping the truck on the pretext of urinating and at the same time criminals coming there and that one of the criminals was friend of petitioner’s brother and also that petitioner had obtained assurance of getting share in the sale proceeds of the truck and he also got Rs.1500/-,I do not feel inclined to grant bail to the petitioner. Prayer for bail is rejected. Kundan (C.M. Prasad, J.)