Sanjay Koda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19780 of 2021 Arising Out of PS. Case No.-119 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== SANJAY KODA Son of Bhuneshwar Koda @ Muneshwar Koda Resident of Village - Chaihroun, P.S.- Chanan, District - Lakhisarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Irshad, Advocate For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Chanan P.S. Case No. 119 of 2019 registered for the offences punishable under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17/18/20/23 of U.A.P. Act. According to prosecution case, on 19.08.2019 at 11:30 hours, the informant, his elder brother and some others were taking tea at the shop of Bhikhari Modi. Meanwhile, co-accused Rana Kumar Singh came there and after sometime, six persons armed with weapons also came there. Co-accused Rana Kumar

Patna High Court CR. MISC. No.19780 of 2021(2) dt.15-11-2021 2/3 Singh fired on the informant's brother resulting death of his brother. Other accused persons fired upon Chhotu Sao which hit on his head and leg who also died on the spot. The accused persons also fired upon the informant and others but they managed to escape from there.

Learned counsel for the petitioner submits that there is no specific allegation of any overt-act against the petitioner. Petitioner has been remanded in this case from other cases. Learned counsel further submits that petitioner is not named in the FIR and his name figured in this case only on the basis of confessional statement of co-accused Rana Kumar Singh. Learned counsel further submits that co-accused Rana Kumar Singh @ Rana Singh has been granted regular bail by a coordinate Bench of this court vide order dated 21.12.2020 passed in Cr. Misc. No. 22632 of 2020. Learned counsel further submits that petitioner is in custody since 13.11.2020. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.19780 of 2021(2) dt.15-11-2021 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Lakhisarai in connection with Chanan P.S. Case No. 119 of 2019.

(Rajesh Kumar Verma, J) shahzad/- U T