Chandrakant Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5339 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Chandrakant Jha S/O DUKHHARAN JHA VILLAGE- KOYALI, PS. NANPUR, DIST. SITAMARHI (BIHAR).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State
2. The petitioner apprehends his arrest in Nanpur P.S. Case No. 244 of 2023 registered for the offences punishable under Section 302/34 of the Indian Penal Code pending in the Court of learned Sub Divisional Judicial Magistrate, Pupri, Sitamarhi.
3. The petitioner along with other co-accuses is said to have committed the murder of the father of the informant.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. It is further submitted that petitioner is not named in the F.I.R. He has been falsely implicated in this case merely on confessional statement of co-accused. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The
Patna High Court CR. MISC. No.5339 of 2024(3) dt.21-03-2024 2/2 petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the offence the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T