Binai Kumar Rai @ Vinay Kumar Rai @ Goni Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41780 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- RAJPUR District- Buxar ====================================================== BINAI KUMAR RAI @ VINAY KUMAR RAI @ GONI RAI, Son Of Kameshvar Rai @ Kameshwar Nath Rai Resident Of Village- Sikraul, PsRajpur, Distt- Buxar , Bihar ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Praveen Kumar, Advocate For the State :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 120B and 307 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 and 27 of the Arms Act.

3. As per the prosecution case, on the alleged date and time of occurrence, this petitioner along with other co-accused persons came on spot and opened fire from a rifle upon the informant and his family members.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. It is further submitted that though there is allegation of firing but no one has sustained any firearm injuries.

Patna High Court CR. MISC. No.41780 of 2023(4) dt.13-12-2023 2/2

5. Learned A.P.P. for the State, however, has opposed the prayer for grant of anticipatory bail to the petitioner and submitted that there is specific allegation of firing against this petitioner and the petitioner has got ten criminal antecedents.

6. Considering the rival submissions and criminal antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T