Manoj Kora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17155 of 2022 Arising Out of PS. Case No.-201 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== MANOJ KORA Son of Jhalo Kora Resident of Village - Ghoghi Korasi, P.S.- Piri Bazar, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Kamal Nayan For the Opposite Party/s :
Mr.Rabindra Kumar Mr. Uma Nath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 147, 148, 149, 120(B), 121(A), 124(A), 307 of the I.P.C, section 27 of the Arms Act and Section 10/13/16/20/21 of the UPAP Act. As per the prosecution case, the petitioner and coaccused persons were gathered to commit crime, but the police arrived there and asked them to surrender. Thereafter, the naxalies started indiscriminate firing . The police also started
Patna High Court CR. MISC. No.17155 of 2022(2) dt.22-07-2022 2/3 firing for defence. Then the miscreants managed to flee away from the place of occurrence taking advantage of darkness and dense forest.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. Learned counsel further stated that the charge-sheet has already been submitted. The petitioner has clean antecedent as stated at para 3 of the bail petition. The other co-accused person has already been granted bail vide order dated 18.11.2021 by the Co-ordinate Bench in Cr. Misc No. 23534 of 2021. The petitioner is in custody since 18.10.2021. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount 2022 each to the satisfaction of learned J.M. 1st Class, Munger, in connection with G.R. No. 1510/2020 arising out of Kharagpur P.S. Case No. 201 of 2020 with following conditions :-
Patna High Court CR. MISC. No.17155 of 2022(2) dt.22-07-2022 3/3
1. 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 bond of the petitioner will liable to be cancelled. The application stands allowed.
2. If the petitioner is found involved in tampering with the evidence or the witnesses of this case, the prosecution will be at liberty to move for cancellation of this bail. (Chandra Prakash Singh, J) atul/- U T