Patna High CourtCR. MISC./16657/2020bail granted

Kailash Koda v. The State Of Bihar

2020-06-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16657 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== Kailash Koda, S/o Jitan Koda R/o village- Kasi Tola, P.S.- Kajra, DistrictLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-06-2020 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Chanan P.S. Case No. 119 of 2019 dated 19.08.2019 instituted for the offences under Sections 302/34 of the Indian Penal Code and Sections 17, 18, 20 and 23 of the U.A.P. Act and Section 27 of the Arms Act. The petitioner is stated to be in custody since 27.08.2019.

It appears from the prosecution report that two persons were killed. One Rana Singh is said to have killed the brother of the informant because of an earlier dispute. Other associates of aforesaid Rana Singh are alleged to have killed another person in the same transaction. The name of the petitioner appears to have

Patna High Court CR. MISC. No.16657 of 2020(2) dt.03-06-2020 2/2 transpired during the course of investigation. The impugned order reflects that in paragraphs - 40 and 41 of the case diary Shibu Yadav, Deonandan Yadav and Ajay Yadav have supported the prosecution version. It also has been noted in the impugned order that the petitioner is an active member of a naxalite organization and does the work of collecting levy imposed by such organization on citizens. It has been urged on behalf of the petitioner that such accusation is based on no cogent material and against the petitioner, no case in the past has been registered.

Considering the nature of accusation against the petitioner, taking into account his period of custody and his being a person of clean antecedent, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st , Lakhisarai in connection with Chanan P.S. Case No. 119 of 2019.

(Ashutosh Kumar, J) krishna/- U T