Kodan Modi @ Umesh Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46392 of 2014 Arising Out of PS.Case No. -56 Year- 2005 Thana -JHAJHA District- JAMUI ======================================================

1. Kodan Modi @ Umesh Modi S/o Baleshwar Modi resident of VillageDoma Marhar, Police Station- Lazamipur, District - Jamui .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Sangeeta Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Jhajha P.S.Case No. 56 of 2005 registered for the offences punishable under sections 147, 149 and 302 of the Indian Penal Code, section 27 of the Arms Act and section 17 of the Criminal Law Amendment Act.

It has been contended that the petitioner is innocent. He is not named in the F.I.R. and his name transpired in course of investigation after one and a half years. Some of the other coaccused persons, who were put on trial, have already been acquitted by the court below and as the petitioner was working as labourer outside the State of Bihar, he was not aware of his

Patna High Court Cr.Misc. No.46392 of 2014 (2) dt.10-04-2015 2/2 involvement in the aforesaid case.

On the other hand, learned counsel for the State has vehemently opposed the prayer for bail. He has submitted that it is a case in which about 100 unknown criminals belonging to an extremist group had killed the father of the informant after dragging him from the door of the house in a broad day light. The further contention is that the petitioner is an absconder and he cannot take advantage of acquittal of some other co-accused persons, who have faced trial.

Regard being had to the serious nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail is rejected. (Ashwani Kumar Singh, J) Pradeep/- U T