Kali Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5999 of 2019 Arising Out of PS. Case No.-41 Year-2017 Thana- BARHAT District- Jamui ====================================================== Kali Kora, aged about 60 years (male), S/o Chhathu Kora, R/o-VillageKumartari ( Bichla Tola, Musahari Tarh), P.S.- Barhat, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 06.06.2018 in a case registered for the offences punishable under Sections 147, 148 and 302 of the IPC and Sections 16, 17, 18, 20, 21 and 22 of the Unlawful Activities (Prevention) Act. The prosecution case, as per the written report of Brahamdev Kora, dated 14.07.2017, submitted to the Station House Officer, Barahat Police Station, is to the effect that on 13.07.2017 at about 8 A.M., the informant after purchasing paddy sent his son, Shiv Kumar Kora to Village Kumartari and

Patna High Court Cr.Misc. No.5999 of 2019(2) dt.04-02-2019 2/3 at the noon, and after giving Rs. 15,000/- for agricultural purpose, sent his wife. It is alleged that on the next day, the informant heard rumor that the naxals have killed two sons and wife of the informant, thereafter, the informant reached near Kukurjhap dam and found the dead body of his two sons. It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner. It appears surprisingly that whole night the informant did not try to search for his children and wife who were not present in the house. It is further submitted that there is no eye-witness to the occurrence and similarly situated coaccused, Gajo @ Pradeep Koda has been granted bail by a Bench of this Court, vide Cr. Misc. No.

61210 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP that the petitioner is named in the FIR. Considering the suspicious nature of accusation and the fact that investigation has already been concluded, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.5999 of 2019(2) dt.04-02-2019 3/3 amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Barhat P.S. Case No. 41 of 2017.

(Dinesh Kumar Singh, J) Amrendra/- U T