Ajay Kora @ Kapil Kora @ Biskut Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13805 of 2020 Arising Out of PS. Case No.-214 Year-2015 Thana- KHARHAGPUR District- Munger ====================================================== AJAY KORA @ KAPIL KORA @ BISKUT KORA, aged about 30 years, Male, Son of Upendra Kora, Resident of Village - Bariasan khudiban (Ghuset), Piri Bazar, Dist.- Lakhisarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjiv Kumar Singh, Adv.

For the Opposite Party :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state thorough video conferencing.

The petitioner seeks bail in connection with Kharagpur P.S. Case No. 214 of 2015, registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that the informant, Vijay Kumar Kora, along with his father, Panchu Kora, cousin, Nand Lal Kora, and others have gone for grazing the she buffaloes near Pakal Dhauriya Chauraha, all of a sudden, Munna Kora, Pappu Kora, Mukesh Kora and Ajay Kora, son of Upendra Kora, residents of village Chaukar, Haveli Kharagpur, came having lathi and axe in their hands and started to cause assault to his father, Panchu Kora. When, informant rushed to save his father, then, Anil Kora and Ajay Kora (petitioner) started to cause

Patna High Court CR. MISC. No.13805 of 2020(3) dt.16-06-2020 2/3 assault to his father. His father fell down, then, Munna Kora and Pappu Kora caused injury to his father through axe repeatedly and he died and then also threw the dead body in Kirni River, thereafter, informant went to village and informed the villagers, thereafter, he went to the river along with them, but, could not trace out the dead body and the cause of occurrence is old enmity.

Submission is that it would appear from the first information report that specific allegation is against Munna Kora and Pappu Kora to cause injury through axe to Panchu Kora, father of the informant and threw the dead body in the river with the help of other co-accused. In investigation the dead body was not recovered. Further, submission is that from the perusal of the first information report and case diary hardly the case against the petitioner is made out under Section 201/34 of the Indian Penal Code, which is bailable in nature. The petitioner has no criminal antecedent, in custody since 02.01.2020 and the police on investigation has submitted the charge sheet against the petitioner.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.13805 of 2020(3) dt.16-06-2020 3/3 two sureties of the like amount each in connection with Kharagpur P.S. Case No. 214 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, IV, Munger. (Rajendra Kumar Mishra, J) Shamshad/- U T