IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17074 of 2011 Kalu Jha @ Shyamsundar Jha Versus The State Of Bihar ---------------------------------- 3 25-08-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 28.03.2011 in a case initially registered under section-307 & other minor Sections of the Indian Penal Code and subsequently, section-302 of the Indian Penal Code was also added. Allegedly, the petitioner and one unknown person gave dagger blow to the informant who subsequently died in course of his treatment. The contention of learned counsel for the petitioner is that co-accused against whom there is also allegation of giving dagger blow to the informant has already been granted privilege of bail by this court and furthermore, his submission is that in course of investigation, prosecution came with a different story. Learned Addl. Public Prosecutor pointed out that witnesses have supported the prosecution story in course of investigation. Admittedly, the present case has been lodged on the basis of fardbeyan of the deceased and the deceased had specifically stated that this petitioner had 2 too given dagger blow to him. Admittedly, the alleged occurrence took place in the year, 2007 but the petitioner could be remanded in this case in the year, 2011. Accordingly, I am not inclined to release the petitioner on bail. Hence, his prayer for bail in connection with Katihar Town P.S. Case No. 226 of 2007 pending in the court of Judicial Magistrate-Ist Class, Katihar is hereby rejected. AKV/- ( Hemant Kumar Srivastava,J.)