IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37419 of 2008 Pappu Singh, Son of Sri Madan Singh, resident of Village-Rampur Ghosh, P.S.-Sikandara, District- Jamui. . . . Petitioner. Versus THE STATE OF BIHAR ----------- 5/ 31.03.2009 Heard learned counsel for the petitioner and the State. A written report has been given on 28.05.2002 that the informant’s father flashed his torch and saw the petitioner having a rope in his hand. He tied the rope around the neck of informant’s father and thereafter rope was pulled by Pramod Singh and Pappu Singh and Madan Singh stabbed and the informant’s father died on account of that. Submission is that occurrence is of 27.02.2002 at 7.30 p.m. and police has been reported on 28.05.2002 in the night and the delay of 26 hours has not been explained. The delay was only with a view to implicate the innocent persons and the petitioner has been named on account of enmity. Considering the said facts, one of the co-accused Pramod Singh has already been granted bail by this Court. The informant’s father has not disclosed this fact to other witnesses. No doubt there was some delay in lodging the First Information Report but the petitioner’s role is apparent from the fact that he was carrying a rope in his hand from before and he has tied it around the neck of informant’s father, which was done to death. The post-mortem report of the deceased revealed the ligature mark on the neck of the deceased. Pramod Singh has been granted bail by this Court after remaining in custody for five years and the petitioner is in custody since 18.08.2007. - 2 - A report has come and according to the report the case has been committed to the Court of Sessions. Considering the active involvement and role of the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. Uday/ (Shyam Kishore Sharma, J.)