IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37576 of 2009 BALMIKI DAS, son of late Bishwanath Das, r/o Nauru, P. S.- Parasbigha, District- Jehanabad…. Petitioner. Versus STATE OF BIHAR ----------- 3. 27.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for offence under Section 302/34 of the Indian Penal code and his main defence for seeking bail is that he was not named in the first information report and his implication comes only by way of confessional statement of wife of the deceased Champa Devi. It is to be noted that co-accused Sunil Das is the petitioner in Cr. Misc. No. 36099 of 2009 wherein case-diary was called for by order dated 3.11.2009 and from the case-diary and the materials collected during the investigation it becomes absolutely clear that under a well hatched conspiracy the deceased was done to death by three persons namely Balmiki Das (petitioner), Sunil Das as also Lalan Das. The weapons used for killing the deceased recovered from the house of Sunil Das is also based on the confessional statement of petitioner Balmiki Das before 2 the police wherein it is also stated that there was premeditation for doing away with the life of the deceased wherein a sum of Rs.4000/- by way of advance as against the full amount of Rs.10,000/- was paid to him. The aforesaid confessional statement of the petitioner is not exculpatory inasmuch as he himself has accepted that while he had caught hold of the deceased and sat over the chest of the deceased, co-accused Lalan Das had caught hold of both of the legs of the deceased and thereafter co-accused Sunil Das had given fatal Pasuli blow on the neck of the deceased as a result whereof the deceased had died on the spot. Thus, on consideration of the aforesaid material this court is not inclined to grant bail to the petitioner Balmiki Das and his prayer for bail is hereby rejected. Let this order be also kept on record of the bail application filed by co- accused Sunil Das in Cr. Misc. No. 36099 of 2009 for reference. kanchan (Mihir Kumar Jha, J.)