IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37470 of 2011 Suman Kumar Suman @ Suman Kumar son of Sri Ramashray Singh, resident of village- Babhan Bigha, P.S.-Barbibgha, Dist.-Sheikhpura Versus The State of Bihar ------------------ 2. 14.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. This is second attempt made by the petitioner for grant of anticipatory bail. Earlier by order dated 18.10.2011 the application was permitted to be withdrawn on the prayer made on behalf of the petitioner after argument. In this regard it would be pertinent to quote paragraph 3 of the present petition which reads as follows: “That when on 18.10.2011 the matter was taken up and after hearing all the parties when the Hon’ble court was not inclined to allow bail then the application was sought to be withdrawn and the Hon’ble court vide order dated 18.10.2011 disposed of the case as withdrawn. But the petitioner is desirous of disposal of the case on merit.” In this background though it is not necessary to go into the merit of the case but since the petitioner insists for disposal on merit I think it proper to indicate the reasons for disposal of this case. The petitioner is a named accused in a case registered for the offence punishable under section 302/34 of the Indian Penal. As per the allegation the victim is a co-villager of the petitioner. He went together with the petitioner on his motorcycle on receiving a call from him some time at about 11 a.m. stating that he would return within 2-3 hours. In the same night the informant who is father of the petitioner received a call from the police station that his son was lying by the side of the road near village Ammabigha in an unconscious and injured condition. The 2 informant was asked to come to Asthawan Hospital. The informant rushed to Asthawan Hospital and finding the condition of his son to be precarious took him to Patna where in course of treatment he died in Tara Hospital at about 9.30 a.m. on 22.1.2011. When another son of the informant namely, Sanjeet Kumar, along with some co-villagers went to the house of the petitioner to enquire into the matter in the night of the occurrence, the petitioner did not come out of his house. His wife disclosed that he had met with an accident and he cannot move. When the informant’s son namely, Sanjeet Kumar wanted to see the petitioner, his wife did not allow him to enter inside the house and closed the door. He (Sanjeet Kumar) found the motorcycle of the petitioner parked outside the house and it was alright. There was no sign on the motorcycle to suggest that it had met with an accident. All efforts to meet the petitioner went in vain and thus the informant suspected that it was not a case of accidental death rather it was homicidal death. The conduct of the petitioner in not informing the family members of the informant regarding accident, his hiding from family members of the informant and the motorcycle being found in proper condition are the incriminating circumstance against the petitioner. Since the allegation being serious, I am not inclined to review my earlier order. Accordingly, once again the prayer for grant of anticipatory bail is rejected. Md.S. ( Ashwani Kumar Singh, J.)