Kallu Rai @ Mithilesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3311 of 2023 Arising Out of PS. Case No.-57 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== 1.

KALLU RAI @ MITHILESH KUMAR RAI SON OF RAMPUJAN RAI Resident of Village- Sikram Singh Ka Tola, P.S.- Barhara, District- Bhojpur at Ara.

2.

ANIL RAI SON OF RAMPUJAN RAI Resident of Village- Sikram Singh Ka Tola, P.S.- Barhara, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard both sides.

2. Petitioners apprehend their arrest in connection with Koilwar P.S. Case No.57 of 2022, registered for the offence punishable under Sections 147, 148, 149, 307, 427 and 506 of the Indian Penal Code.

3. Accusation is of making indiscriminate firing between two rival groups.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Petitioner No.1 has got six criminal antecedents and Petitioner No.2 has got eight criminal antecedents. It is further submitted that co-accused, Brahmdeo Rai and Mugal Rai

Patna High Court CR. MISC. No.3311 of 2023(4) dt.14-07-2023 2/2 @ Mogal Rai have already been enlarged on anticipatory bail by this Court vide order dated 10.02.2023, passed in Criminal Miscellaneous No.3172 of 2023. It is submitted that there is general and omnibus allegation against the petitioners.

5. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners by submitting that the petitioners have got criminal antecedents.

6. Considering the criminal antecedents of the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioners is hereby rejected.

7. However, if petitioners surrender before the learned court below within a period of six weeks from today and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioners preferably on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) S.KUMAR/- U T