Manoj Rai @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28640 of 2019 Arising Out of PS. Case No.-620 Year-2018 Thana- MANER District- Patna ====================================================== MANOJ RAI @ MANOJ KUMAR Son of Ghomani Rai @ Gumani Rai, Resident of Village - Balwant Tola Brahamchari, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Usha Kumari Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Maner P.S. Case No. 620 of 2018 registered for offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. Allegation has been made that when the informant and his sibling, Laddu Rai were going to Hira Tola Diyar for seeing their land, reached to Hira Tola Ghat, the accused persons watching their armed with lethal weapons caught the brother of informant and took away at some other place and killed him.

The learned counsel for the petitioner submits that co-accused Dharmendra Rai has already been granted bail by

Patna High Court CR. MISC. No.28640 of 2019(2) dt.01-05-2019 2/2 one of the coordinate Bench of this Court in Cr. Misc. No.19513 of 2019.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders and prays for regular bail, the court below without being prejudiced by the order of this Court, will take decision in accordance with law.

(Shivaji Pandey, J) mkchy/- U T