IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12578 of 2011 RANJEET RAI Versus THE STATE OF BIHAR ----------- 02. 04.05.2011 Petitioner is apprehending his arrest in a case registered under Sections 302, 201/34 of the I.P.C. and Section 27 of the Arms Act. Though petitioner is named in the F.I.R. with accusation that he along with other accused persons killed the victim by firm arm but learned counsel for the petitioner submits that petitioner surrendered on 28.10.2010 in G.R. Case No. 729 of 2003, Trial No. 1023 of 2010 in the Court of Judicial Magistrate, 1st Class, Muzaffarpur and was granted bail on 01.11.2010 when the occurrence took place on 30.10.2010. Petitioner was initially granted bail in earlier case but subsequently he made default on 01.05.2009 but surrendered on 28.10.2010. The ordersheet dated 28.10.2010 and 01.11.2010 of G. R. No. 729 of 1993 prima facie reflect that petitioner was in custody on the alleged date of occurrence i.e. on 30.10.2010 but the surrender of the petitioner just prior to the occurrence and release after two days of the occurrence cloud the bona fide of the accused. In that view of the matter, let learned Court 2 below consider regular bail application of the petitioner, if petitioner surrenders and prays for regular bail, without being prejudiced by the order of this Court. With the observations made above, the application stands disposed off in connection with Kathaiya P.S. Case No. 46 of 2010, pending in the Court of S.D.J.M., Muzaffarpur. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. Shageer ( Dinesh Kumar Singh, J)