Ram Lochan Rai @ Lochan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11950 of 2018 Arising Out of PS.Case No. -508 Year- 2017 Thana -MARHAURA District- SARAN ======================================================

1. Ram Lochan Rai @ Lochan Rai, Son of Late Kewaldhari Rai, Resident of Village- Sihoriya, P.S.- Marhowrah, District- Saran at Chapra (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2018 The petitioner is apprehending his arrest in connection with Marhowrah P.S. Case No. 508 of 2017, registered for offences punishable under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner and others is of committing murder of the husband of the informant. It has been submitted on behalf of the petitioner that petitioner has no role to play in the murder of the husband of the informant rather it is the other co-accused persons, who fired on the husband of the deceased and no overt act has been attributed to the petitioner. Further other similarly situated co-accused has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court, vide order dated 09.03.2018,

Patna High Court Cr.Misc. No.11950 of 2018 (4) dt.03-04-2018 2/3 passed in Cr. Misc. No. 12847 of 2018.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that other co-accused having similar allegation has already been granted the privilege of anticipatory bail, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Marhowrah P.S. Case No. 508 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before

Patna High Court Cr.Misc. No.11950 of 2018 (4) dt.03-04-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T