Khiladi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71514 of 2024 Arising Out of PS. Case No.-827 Year-2023 Thana- MANER District- Patna ====================================================== Khiladi Rai, Male, aged about 70 years, Son of Late Dev Prasad Rai, Resident of Village- Sadikpur Bagicha P.S.- Maner District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshul Aaryan, Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP For the Informant :

Mr. Abhishek Kumar Vivek, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner is in custody in a case 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 allegation in the FIR, the petitioner and other co-accused persons assaulted the informant and his family members and co-accused Hari Shankar Rai fired upon them with the pistol causing fire arm injuries to the informant's father and sister resulting to the death of his sister.

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

Patna High Court CR. MISC. No.71514 of 2024(2) dt.31-01-2025 2/3 submits that the allegation of firing shot is against co-accused Hari Shankar Rai and not against this petitioner. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 18.07.2024.

5. Learned APP for State and learned counsel for the informant have opposed the prayer for bail of the petitioner.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-I, Danapur dated 13.09.2024, it appears that petitioner is named in the FIR and his name transpired in this case during the course of investigation. From perusal of the records, it appears that on the basis of fardbeyan of the informant Shatrudhan Kumar, FIR has been lodged under Sections 341, 323, 307, 302, 504, 506, 34 of Indian Penal Code and 27 of the Arms Act. There is no any specific allegation against the petitioner and similarly situated co-accused persons namely Bablu Kumar and Sumitra Devi and Sarita Devi have been granted bail by this Court in Cr. Misc Nos. 52273 of 2024 and 18989 of 2024 vide orders dated 20.07.2024 and 14.03.2024 respectively, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.71514 of 2024(2) dt.31-01-2025 3/3 Chief Judicial Magistrate, Patna in connection with Maner P.S. Case No. 827 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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