IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2428 of 2009 PINTU SINGH Versus STATE OF BIHAR ----------- Cr.Misc. No.13728 of 2009 AJAY PRASAD Versus STATE OF BIHAR ----------- 3 18.04.2009 Cr. Misc. No. 2428 of 2009 filed by PINTU SINGH and Cr. Misc. No. 13728 of 2009 filed by AJAY PRASAD have been taken up together as they arise out of the same Beur P.S. Case No. 198 of 2008 registered under section 302/34 IPC and having been heard together is being disposed of by this common order.. The allegation against petitioner Pintu Singh is that he had made a murderous attack on deceased Dwarika Prasad who succumbed to his injury enroute PMCH. It has been submitted by the learned counsel for the petitioner Pintu Singh that he is innocent and has been falsely implicated in this case but no reason for such false implication has been assigned. It has further been submitted by the learned counsel that as a matter of fact he was attempting to save deceased Dwarika Prasad from murderous attack by some others but the villagers came, caught hold of him and assaulted him as a result whereof he sustained several stab injuries and was hospitalized in the PMCH for about 7 days. However, from the statement of witnesses recorded in paragraph 6 to 9 of the case diary which are the statements of 2 the co-villagers it appears that on hearing hulla they came out and saw accused Pintu Singh fleeing from the place of occurrence and having caught hold of him. He was assaulted by the villagers as a result whereof he sustained injury. Admittedly there is no criminal antecedent of the petitioner Pintu Singh in the case diary but paragraph nos. 6 to 9 of the case diary go against the petitioner and his submissions that he was assaulted while he was trying to save the deceased being the defence cannot be looked into at this stage. So far petitioner AJAY PRASAD is concerned, his name has cropped up in the confessional statement of co-accused Pintu Singh. There is also mention of the double role played by Ajay Prasad in paragraph nos. 29 and 30 of the case diary, which are the statements of the two brothers of the deceased, who admittedly as per the statement are living separate from the deceased at Koilwar whereas the deceased lived in Beur. They have stated about the deceased having executed a power of attorney in favour of Ajay Prasad who allegedly sold the land and having purchased a piece of land jointly with the wife of the deceased has digested the balance amount by himself. So far as petitioner Pintu Singh is concerned in view of the statement of the witnesses in para nos. 7 to 9 of the case diary I am not inclined to grant bail to him at the present moment and accordingly his prayer for bail is rejected. So far as petitioner Ajay Prasad his name cropped up 3 in the confessional statement of co-accused Pintu Sigh and his name subsequently figured in the statement of the two brothers of the deceased in paragraph nos. 29 and 30 which only shows about the said petitioner having digested a sum of the money and of having purchased land jointly with the wife of the deceased. Apparently the transaction of land had happened during the life time of the deceased. In that view of the matter petitioner AJAY PRASAD is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Addl. Sessions Judge, II, Patna in connection with Sessions Trial No. 135 of 2009 arising out of Beur P.S. Case No. 198 of 2008. Spd/- (Abhijit Sinha, J.)