Khiladi Rai @ Khelari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34284 of 2024 Arising Out of PS. Case No.-827 Year-2023 Thana- MANER District- Patna ====================================================== Khiladi Rai @ Khelari Rai S/o Late Dev Prasad Rai R/o vill - Sadikpur Bagicha, P.S. - Maner, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

Mr. Gagan Deo Yadav, Adv.

Mr. Udeshya Kr. Yadav, Adv.

Mr. Rajesh Kr., Adv.

Mr. Vinod Kr., Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned APP for the State

2. The petitioner apprehends his arrest in connection with Maner P.S Case No. 827 of 2023 registered for the offences punishable under Sections 341, 323, 307, 302, 504, 506, 34 of Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, Allegation against the petitioners is to have committed assaulted upon the informant and his family members by means of lathi, danda, etc. It is also alleged that the petitioners have caused murder by causing firearm injury.

4. Learned counsel for the petitioner submits that petitioner has been falsely been implicated in this case. It is next

Patna High Court CR. MISC. No.34284 of 2024(3) dt.16-07-2024 2/2 submitted that petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that investigation of the petitioner in the matter is going on and if he is released on anticipatory bail then the investigation will be affected adversely.

6. From perusal of the F.I.R., impugned order and case diary, it appears that there is specific allegation against the petitioner to fire against informant and informant's family members due to which one lady died and one person sustained gunshot injury. Prima facie, it appears involvement of the petitioner in this case.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T