Kare Lal Kora @ Pyarelal Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10900 of 2015 Arising Out of PS.Case No. -33 Year- 2013 Thana -CHANAN District- LAKHISARAI ====================================================== Kare Lal Kora @ Pyarelal Kora, son of Bino Kora, Resident of villageKani More, P.S.- Kajra, District- Lakhisarai .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.15496 of 2015 Arising Out of PS.Case No. -33 Year- 2013 Thana -CHANAN District- LAKHISARAI ====================================================== Sanjay Sharma, son of Nakul Sharma @ Nakul Mistry, resident of villageKhudiban, P.s.-Dharahara, District- Munger. .... .... Petitioner

Versus

The State of Bihar through Home Secretary, Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.15668 of 2015 Arising Out of PS.Case No. -33 Year- 2013 Thana -CHANAN District- LAKHISARAI ====================================================== Adhik Yadav, S/o Nago Yadav, resident of Village Mahulia, P.S.- Chanan Dist- Jamui .... .... Petitioner

Versus

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

(In Cr.Misc. No.10900 of 2015) For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) (In Cr.Misc. No.15496 of 2015) For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s : Mr. A.K.Sinha(App) (In Cr.Misc. No.15668 of 2015) For the Petitioner/s : Mr. Prabeen Kumar Singh, Advocate For the Opposite Party/s : Mrs. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER

2/4 25-06-2015 All these applications arise out of Chanan P.S. Case No.33/2013 registered for the offences punishable under Sections 147, 148, 149, 302, 307, 427, 120B of the Indian Penal Code, Section 27 of the Arms Act, Section 3⁄4 of Explosive Substances Act, Sections 150, 151, 152 of Railway Act and Sections 16, 18, 18B, 20 of Unlawful Activities (Prevention) Act, as such, they have been heard together and are being disposed of by this common order.

Heard the learned counsel for the petitioners and the learned counsel for the State.

Members of Banned Organization, Naxalite in order to destabilize the Government at the cost of life of innocent person hurled bomb, made indiscriminate firing over Train No.13331 UP and during course thereof, one of the members of escort party, two passengers were killed while others also sustained injuries including that of informant. They have also snatched away weapons from the possession of escort party and looted away belongings from some of the passengers. Miscreants were shown more than hundred in number having variously armed. It is submitted on behalf of the petitioners that the FIR was lodged against unknown. During investigation, the name of the petitioners has appeared in the confessional statement of the

3/4 co-accused. No incriminating article has been recovered from their possession. However, after investigation, charge sheet has already been submitted against the petitioners also. In similar facts and circumstances, the co-accused Dinesh Yadav has been granted bail vide Cr. Misc. No.51504/2014. The petitioners Kare Lal Kora @ Pyare Lal Kora, Sanjay Sharma and Adkhik Yadav are in custody since 3.05.2014, 23.11.2014 and 6.07.2014 respectively, but uptill-now, the petitioners have not been put on Test Identification Parade.

The learned counsel for the State submits that the petitioners are members of Naxal group and have also criminal antecedents.

Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd, Lakhisarai after framing of charge in Sessions Trial No.2/2014 arising out of Chanan P.S. Case No.33/2013 with the following conditions :

1.

One of the bailors will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar

4/4 or in any other offence.

3.

The petitioners will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T