Kare Lal Koda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24507 of 2025 Arising Out of PS. Case No.-83 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Kare Lal Koda S/O Dina Koda R/O Village- Kanimoh, P.S- Bannu Bagicha, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Piri Bazar P.S Case No. 83 of 2019 dated 18.07.2019 registered for the offences punishable under Sections 147, 148, 149, 307 and 353 of the Indian Penal Code, under Section 27 of the Arms Act and Sections 16, 17, 18, 20, 23 and 28 of the Unlawful Activities (Prevention) Act.
3. As per the prosecution case, the petitioner along with 59 named and others was planning to execute Naxal attack at Mithu Pahar in Madhur Kol. When police as well as the cobra team reached there, there was firing from both sides and several
Patna High Court CR. MISC. No.24507 of 2025(2) dt.25-06-2025 2/3 Naxalites papers and other articles were recovered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is named in the FIR. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was a member of the mob. It is further alleged that no any police force were injured and as such no case under Section 307 of the I.P.C. is made out. The petitioner has no concern with alleged offence. The petitioner has seven antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 27.08.2024. The co-accused person has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 16.10.2019 passed in Cr. Misc. No. 64624 of 2019.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Piri Bazar P.S Case No. 83 of 2019, with a condition:-
Patna High Court CR. MISC. No.24507 of 2025(2) dt.25-06-2025 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T