IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43 of 2009 SANJAY SHARMA Son of Sri Ram Kishore Sharma, resident of village Kalen P.S. Khudwan, District- Aurangabad .............................. Petitioner Versus STATE OF BIHAR................................... Opp. Party ----------- 3 11-2-2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s prayer for anticipatory bail in a case under section 302 of the Indian Penal Code was allowed to a limited extent by order dated 23-1-2004 (Annexure-1). That order shows that this court noticed the submission that F.I.R. is against unknown and there is no eye witness of the alleged occurrence and admittedly deceased and the petitioner were doing a small contract work worth Rs. 12,000/- in partnership and only material to suspect the petitioner was statement by a witness that the deceased in connection with the said work was to visit petitioner’s house. It was further submitted that on the last occasion none of the relations and family members of the deceased had expressed any suspicion on the petitioner. In view of aforesaid submissions and facts petitioner was allowed earlier anticipatory bail only for the period of investigation and it was made clear in the order dated 23-1-2004 that if after investigation the police submitted charge sheet against the petitioner in that event he will have to seek fresh bail in this case. It has been submitted on behalf of petitioner that police has submitted charge sheet against the petitioner and therefore he is seeking fresh anticipatory bail. According to learned counsel for the - 2 - Naresh petitioner the facts and circumstances submitted and noticed earlier remain the same and nothing more has been found against the petitioner and hence he should be allowed to continue on the bail as has been granted earlier as he has not mis-used the privilege of bail. Since charge has been submitted against the petitioner under section 302 of the I.P.C., this court is not inclined to grant anticipatory bail to the petitioner, the prayer for anticipatory bail is, therefore, rejected. If petitioner surrenders within six weeks in that event the court below shall consider petitioner’s prayer for regular bail expeditiously with a view to find out whether any further material has been collected against him beyond what was noticed in the order dated 23-1-2004. If the material remains the same and if he has not mis-used the privilege of bail then his prayer for bail may be allowed by the court below after considering the merits of the case. ( Shiva Kirti Singh,J)