Patna High CourtCR. MISC./33581/2015dismissed

Bano Kora And ANR v. The State Of Bihar

2015-10-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33581 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -KHARAGPUR District- MUNGER ======================================================

1. Bano Kora, son of Chamak Kora,

2. Mannu Kora @ Munna Kora, son of Late Lekha Kora, Both resident of village- Barmasiya, P.S. Kajra, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Dr.Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offences punishable under Section 121(A)/122/124(i)/149/414 of the Indian Penal Code and Section 4 and 5 of Explosive Substance Act and Section 16/18/20/23 of U.A.P. Act.

As per the prosecution story, in a massive operation in hills and forest areas, the Police team alongwith C.R.P.F. and S.T.F. apprehended the petitioners while they were fleeing after seeing the Police force. They revealed that they are members of banned Naxal organization C.P.I. and on interrogation they revealed that huge numbers of arms and ammunition are kept in a bunker on hill and they led the Police in recovery of those articles.

Patna High Court Cr.Misc. No.33581 of 2015 (3) dt.05-10-2015 P2/2 It has been submitted of behalf of the petitioners that the petitioners are in custody since 21.02.2015. Chargesheet has been submitted in the present case. Petitioners have falsely been implicated in this case. There is no direct or indirect evidence against these petitioners.

It has been submitted on behalf of the State that the petitioners are members of Naxal who were apprehended on the spot in course of raid.

Considering the aforesaid facts and circumstances of the case, I am not inclined to the grant bail to these petitioners and the same is rejected.

Anyhow, the Trial Court is directed to take all necessary steps to conclude the trial preferable within nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Saif/- U T