Krishna Prasad Rai @ Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30217 of 2018 Arising Out of PS. Case No.-259 Year-2011 Thana- MARHAURA District- Saran ====================================================== Krishna Prasad Rai @ Krishna Rai, Son of Ramji Rai, Resident of VillagePoji Bhualpur, P.S.- Madhaura, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Madhaura P.S. Case No. 259 of 2011 instituted for the offence under Sections 147,148,149,353,332,307 of the IPC and Section 27 of the Arms Act.

It is alleged in the written report that police party reached to arrest the petitioner who was accused in Madhaura P.S. Case No. 135 of 2011 for the offences under Sections 25(1b)a, 26(ii) of the Arms Act and Section 47 (A) of the Bihar Excise Act as well as other Sections of the Indian Penal Code as mentioned in the written report. The family members of the petitioner and other accused person as mentioned in the written report started pelting stones and also made firing on the police

Patna High Court Cr.Misc. No.30217 of 2018(3) dt.28-06-2018 2/2 party causing obstruction in discharge of official duty. The petitioner managed to run away from the clutches of the police party. It is mentioned in paragraph 3 to the petition that petitioner have two other cases pending against him. As such from the written report itself, it appears that by causing obstruction in discharging official duty, the petitioner who is accused in the case for which police has gone to arrest him, managed to escape. The petitioner has criminal antecedent also.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this anticipatory bail petition stands rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law, without being prejudiced by this order.

(Sanjay Priya, J) khushbu/- U T