Ram Chandra Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27696 of 2018 Arising Out of PS.Case No. -138 Year- 2015 Thana -MATIHANI District- BEGUSARAI ======================================================

1. RAM CHANDRA ROY S/o Late Ram Sharan Roy, R/o Vill.- Sarama Bishnupur, P.S.- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Sri Ajay Kumar -2, APP For the Informant : Mr. Radhe Shyam, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 The petitioner is apprehending his arrest in connection with Matihani P.S. Case No. 138/15, registered for offences punishable under Sections 147, 148, 149, 447, 341, 302, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner and others if committing murder of brother of the informant.

It has been submitted on behalf of the petitioner that there is no allegation of firing against the petitioner and even no overt act has been attributed to him, he was only present at the place of occurrence and other accused persons against whom there was similar allegation has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 09.04.2018 passed in Cr. Misc. No. 20070 of 2018. Heard learned A.P.P. as well as learned counsel for the informant.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.27696 of 2018 (2) dt.11-05-2018 2/2 circumstances of the case, 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 Judicial Magistrate -1st Class, Begusarai/concerned court in connection with Matihani P.S. Case No. 138/15, 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 to appear before 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