IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11429 of 2004 GOPAL KUMAR SINGH son of Ram Chandra Singh, resident of village- Ratanpur, P.S. Begusarai, Town, District- Begusarai. . . . . . . Petitioner. Versus THE STATE OF BIHAR. . . . . . . . . . . Opposite Party. ----------- 5/ 14.12.2009 Heard learned counsel for the petitioner and the State. The instant application has been preferred against the order dated 19.02.2004 whereby a petition of discharge under Section 227 of the Code of Criminal Procedure filed on behalf of the petitioner, has been rejected. The informant alleged that two persons came on a Motorcycle and dragging her husband out of the car, shot him dead. The petitioner is not named in the F.I.R. but during the course of investigation, it was found that his shop is just in front of petrol pump and near the place of occurrence. Soon after the incident, the petitioner absconded and a diary was found which mentions name of some of the accused, whose involvement transpired in the case diary. It would appear that one of the co-accused Ravindra Singh has even mentioned the name of petitioner as a person, who had some association with the incident in question. Learned counsel submits that there is no direct evidence against the petitioner. It would be nothing uncommon to have the name and addresses and telephone number of the relatives in personal diary that some of them may have become involved in case. Counsel for the State submits that there is adequate circumstantial evidence against the petitioner which points towards his connivance in the crime. - 2 - Having heard the counsel for the parties, this Court finds that there are adequate circumstances and strong suspicion showing involvement of the petitioner in this case. Thus, this application against the order dated 19.02.2004 rejecting the application of discharge is rejected. Uday/ (Samarendra Pratap Singh, J.)