Rajendra Rai @ Bhatura @ Rajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16488 of 2024 Arising Out of PS. Case No.-82 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Rajendra Rai @ Bhatura @ Rajendra Kumar, Son of Satyendra Ray, Resident of Village- Tehti, P.S.- Marhowrrah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Marhowrah P.S. Case No. 82 of 2022 registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the FIR named accused persons killed the brother of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence. He further submits that the petitioner was not named in the FIR and his name has come in this case during the course of investigation. There is only material against this petitioner is that he was in conversation with the co-accused Sunil Kumar at the relevant

Patna High Court CR. MISC. No.16488 of 2024(2) dt.19-03-2024 2/2 time. There is no incriminating material found against the petitioner. Similarly situated co-accused namely, Sunil Kumar has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 22.08.2023 passed in Cr. Misc. No. 48493 of 2023. Petitioner has one criminal antecedent in which he is on bail.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Marhowrah P.S. Case No. 82 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T