IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13035 of 2009 Manoj Rai son of Ramjeet Rai, Resident of village Rampurwa, P.S. Mehsi, District East Champaran Versus THE STATE OF BIHAR ----------- 02/ 28.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case, which was initially registered as a complaint for the offence under Sections 365, 120B/34 of the Indian Penal Code, which was later registered as police case under Section 156(3) of the Cr.P.C. for the offence under Sections 364/34 of the Indian Penal Code, as is evident from the First Information Report dated 16.8.2002, Annexure-1. It is submitted on behalf of the petitioner that after investigation police submitted final form and the petitioner was not recommended for trial. Same was the case of Mohan Paswan whose case was also not recommended for trial and appreciating such fact, Mohan Paswan has been allowed bail in the event of arrest under orders dated 13.7.2009, passed in Cr. Misc. No. 5819 of 2009 and according to the learned counsel for the petitioner there is nothing to distinguish the case of the petitioner herein with that of Mohan Paswan. Let the petitioner above named surrender in the court of Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Mehsi P.S. Case No. 84 of 2002 within six 2 weeks from the date of receipt of this order in the court below and thereafter his case for grant of bail be considered in the light of order passed in the case of Mohan Paswan, provided petitioner has not been recommended for trial. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)