Patna High CourtCR. MISC./5339/2015dismissed

Laxman Kumar @ Laxman Chaubey @ Baba v. The State Of Bihar

2015-03-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5339 of 2015 Arising Out of PS.Case No. -754 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Laxman Kumar @ Laxman Chaubey @ Baba Son of Giridhar Gopal Chaubey Resident of vill-Simra, P.S-Dumari Distt.- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Dikshit, Advocate. For the Opposite Party/s : Mr. S.D. Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2015 Heard both sides.

The petitioner apprehends his arrest in Sitamarhi P.S. Case No. 754 of 2014, registered for the offences punishable under Section 302 of the Indian Penal Code.

The Chowkidar lodged the case on recovery of dead body of Randhir Kumar.

Learned counsel for the petitioner submits that there is no evidence to show the involvement of the petitioner. The petitioner was on visiting term. He used to go to the house of the deceased. Except suspicion there is no material to show that the petitioner committed murder of the deceased.

On perusal of records, it appears that on the date of occurrence the petitioner along with other accused persons took

Patna High Court Cr.Misc. No.5339 of 2015 (3) dt.10-03-2015 2/2 wine with the deceased. Thereafter the deceased found dead inside his room. Tower location of the petitioner was found in and around the house of the deceased.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T