Lakshman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35884 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -AWTARNAGAR DistrictSARAN ====================================================== Lakshman Rai S/o Late Bhagwan Rai resident of village- Ramgadha P.S. Awtarnagar Distt- Saran at Chapra.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Adv. For the Opposite Party/s : Mr. Dr. M.K.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 120 B, 307/34 of the Indian Penal Code.

The prosecution case is that co-accused Mahesh Rai, Mukesh Rai, Nagendra Rai, Ajay Rai @ Raja Bimal Rai came variously armed and they killed the brother of the informant, Mritunjay by causing firearm injury. The firing also hit one of the neighbour. It is alleged that the petitioner is one of the conspirators.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.35884 of 2015 (2) dt.04-09-2015 2/2 petitioner that accusation of overt act has not been alleged against the petitioner and there is nothing on record to suggest that the petitioner conspired in commission of the offence. Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Awtar Nagar P.S. Case No. 109 of 2014, pending in the court of learned C. J. M., Saran at Chapra.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Kanchan/- U T