Rajendra Koda @ Kora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18843 of 2023 Arising Out of PS. Case No.-51 Year-2022 Thana- BARHAT District- Jamui ====================================================== Rajendra Koda @ Kora S/O- Late Rattu Koda Rahu Kora Village -Barmasiya PS -Kajara District-Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prakash Mahto For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 121(A), 122, 120(B) of the Indian Penal Code and Sections 16, 18, 20, 22 of the U.A.P Act. The prosecution case as per F.I.R is that the informant received information that some anti-national elements have assembled in the forest of Gurmaha with an intention to attack on the police personnel. On getting such information, the informant reached at the place and during the course of search operation, he apprehended
Patna High Court CR. MISC. No.18843 of 2023(2) dt.17-05-2023 2/3 the petitioner. From the possession of the petitioner, Naxal literature, small iron pipes, 70 meter wire, soldering machine and medicines were recovered. The petitioner disclosed that he used to supply the articles to the Naxal outfit and they fled away after seeing the police parties.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was apprehended by the police on mere suspicion. He had gone in the forest to collect dry wood and leaves for his livelihood. The petitioner has no concern either with the seized articles or the naxal outfit. The petitioner is languishing in custody since 18.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.18843 of 2023(2) dt.17-05-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Barhat P.S. Case No. 51 of 2022.
(Sunil Kumar Panwar, J) Shageer/- U T