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Patna High CourtCR. MISC./49781/2016rejected

Binod Kumar Jha @ Vinod And ANR v. The State Of Bihar

2017-02-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49781 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -BASNAHI District- SAHARSA ======================================================

1. Binod Kumar Jha @ Vinod Son of Bidyadhar Jha @ Bhola Jha Resident of village-Pachouth PS- Beldaour District- Khagaria.

2. Tirath Nath Jha Son of Yugal kishore Jha, Resident of village- Baliya P.S.- Basnahi District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in connection with Basnahi P.S. Case No. 38 of 2016 registered for the offence under Sections 302, 201 and 120B of the Indian Penal Code. Accusation against the petitioners is of murder of son of the informant.

Learned counsel appearing on behalf of the petitioners submits that the petitioners have got no criminal antecedent. Petitioners have falsely been implicated in the present case due to old enmity.

Learned A.P.P. appearing on behalf of the State

Patna High Court Cr.Misc. No.49781 of 2016 (4) dt.13-02-2017 opposes the prayer of bail and submits that charge-sheet has been submitted against named co-accused under Section 302 of the Indian Penal Code.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioners for grant of anticipatory bail. Accordingly, their prayer for anticipatory bail in connection with Basnahi P.S. Case No.38 of 2016 pending in the court of learned A.C.J.M.-IV, Saharsa is rejected.

(Arvind Srivastava, J) Arvind/- U T