Sunil Jha @ Sunil Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.390 of 2015 Arising Out of PS.Case No. -111 Year- 2013 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Sunil Jha @ Sunil Kumar Jha Son of Rama Nand Jha Resident of VillageShalepur,P.S-Habibpur,District-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2015 The petitioner is apprehending his arrest in connection with Jagdishpur P.S.Case No. 111 of 2013 instituted under Section 302 of the Indian Penal Code, pending in the court of learned C.J.M., Bhagalpur.

Heard learned counsel for the petitioner and the State. The prosecution story, in brief, is that on having get call from mobile phone the son of the informant went out of the house in the night of the date of occurrence but till next date morning when he did not return then the informant made attempt to contact with him but no contact was made, rather on information being given when he went to he place of occurrence, then found his son lying in dead condition having sharp cut injury on his neck.

Patna High Court Cr.Misc. No.390 of 2015 (3) dt.07-05-2015 2/2 It has been submitted on behalf of the petitioner that there is no evidence against the petitioner nor he was at the place of occurrence nor there is eye witness to suggest that the petitioner was seen at the place of occurrence. Further, there is no circumstantial evidence against the petitioner in the present case. On behalf of the State it has been submitted that in course of investigation it has come that on instigation of the petitioner, the deceased was done to death.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner stands rejected.

However, if the petitioner surrenders in the court below within a period of eight weeks and seek regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) singh/- U T