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Patna High CourtCR. MISC./15715/2021bail granted

Sanjay Koda v. The State Of Bihar

2021-09-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15715 of 2021 Arising Out of PS. Case No.-86 Year-2020 Thana- CHANAN District- Lakhisarai ====================================================== Sanjay Koda Son of Bhuneshwar Koda Resident of Village - Chaihroun Kodasi, P.S. - Chanan, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Irshad, Adv.

For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 364A and 34 of the Indian Penal Code and sections 16, 18 and 20 of the UAP Act.

As per the prosecution case, a group of 35-40 accused persons belonging to the naxalite group are stated to have kidnapped Ganesh Rajak, Rabindra Rajak and Rajendra Yadav. Subsequently, Rabindra Rajak was released. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. He has been falsely implicated in the case based on the alleged confessional statement given by him in connection with Bajra P.S. Case no.61 of 2018. No incriminating article has been recovered from

Patna High Court CR. MISC. No.15715 of 2021(3) dt.09-09-2021 2/2 his possession. The petitioner is in custody since 12.10.2020 and chargesheet has been submitted.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for over 10 months, this Court directs the petitioner to be enlarged on bail in connection with Chanan P.S.Case no.86 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Lakhisarai. (Partha Sarthy, J) Bibhash/- U