Patna High CourtCR. MISC./25393/2022bail granted

Kanan Naiya v. The State Of Bihar

2022-11-29Mr. Justice Chandra Shekhar Jha11 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18205 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Anil Kora S/o Dukhan Kora R/o village- Banjhitad (Kalisthan Barmasiya), P.S.- Dharahra, Distt.- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21949 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Pawan @ Pahari Kora @ Pavan Koda S/o Dina Kora R/o village- Banjhitad (Kalisthan Barmasiya), P.S.- Dharahra, Distt.- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25393 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== 1.

Kanan Naiya Son of Munni Naiya Resident of Village - Paisra, P.S.- Ladaiyatand, District - Munger.

Kaushal Kora Son of Rameshwar Kora Resident of Village - Paisra, P.S.- Ladaiyatand, District - Munger.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26987 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Yogendra Kora @ Jogendra Kora Son of Late Veershay Kora R/O VillageSakhaul, P.S.- Laraiyatand, District- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s

2/11 ====================================================== with CRIMINAL MISCELLANEOUS No. 30781 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Chhattu Kora @ Chhotu Kora Son of Dukhan Kora Resident Of VillageBanjhitand (kalisthan Barmasiya) , P.S- Dharahra , Dist- Munger ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 18205 of 2022) For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP (In CRIMINAL MISCELLANEOUS No. 21949 of 2022) For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP (In CRIMINAL MISCELLANEOUS No. 25393 of 2022) For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Naveen Kumar Singh No. 1, APP (In CRIMINAL MISCELLANEOUS No. 26987 of 2022) For the Petitioner/s :

Mr. Avinash, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP (In CRIMINAL MISCELLANEOUS No. 30781 of 2022) For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate Mr. Sudhanshu Trivedi, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-11-2022 Cr. Misc. No. 18205 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Laraiyatand P.S. Case No. 101 of 2021 registered for the offence under Sections 147, 148, 149, 124(A), 302 and 506 of the Indian

3/11 Penal Code and under Sections 16, 17, 18, 20, 21 and 22 of the U.A.P. Act.

The accused/petitioner is named in the F.I.R. and is in custody since 26.12.2021.

The allegation against the petitioner is to commit murder of Parmanand Tuddu, a newly elected Mukhiya of village-Azimganj Panchayat, district-Munger.

Learned counsel appearing on behalf of the petitioner submitted that the entire allegation from the face of F.I.R., where informant is a police officer, is based upon the hearsay input, where nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present set of occurrence/allegation. It is also submitted that petitioner involved in 2 criminal cases, where he is acquitted in one case and is on bail in another. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present allegation, as

4/11 raised through F.I.R., where petitioner is in custody since 26.12.2021 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Laraiyatand P.S. Case No. 101 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 21949 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Laraiyatand P.S. Case No. 101 of 2021 registered for the offence under Sections 147, 148, 149, 124(A), 302 and 506 of the Indian Penal Code and under Sections 16, 17, 18, 20, 21 and 22 of the U.A.P. Act.

The accused/petitioner is named in the F.I.R. and is in custody since 13.01.2022.

The allegation against the petitioner is to commit

5/11 murder of Parmanand Tuddu, a newly elected Mukhiya of village-Azimganj Panchayat, district-Munger.

Learned counsel appearing on behalf of the petitioner submitted that the entire allegation from the face of F.I.R., where informant is a police officer, is based upon the hearsay input, where nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present set of occurrence/allegation. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present allegation, as raised through F.I.R., where petitioner is in custody since 13.01.2022 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Laraiyatand P.S. Case No. 101 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

6/11 satisfaction of learned Judicial Magistrate 1st Class, Munger/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 26987 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Laraiyatand P.S. Case No. 101 of 2021 registered for the offence under Sections 147, 48, 149, 11(A), 124(A), 342, 302 and 506 of the Indian Penal Code and under Sections 16, 17, 18, 19, 20, 21 and 22 of the U.A.P. Act.

The accused/petitioner is named in the F.I.R. and is in custody since 29.12.2021.

The allegation against the petitioner is to commit murder of Parmanand Tuddu, a newly elected Mukhiya of village-Azimganj Panchayat, district-Munger.

7/11 to connect this petitioner, prima facie, with present set of occurrence/allegation. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present allegation, as raised through F.I.R., where petitioner is in custody since 29.12.2021 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Laraiyatand P.S. Case No. 101 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 30781 of 2022 Heard learned counsel appearing on behalf of the

8/11 petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

At the outset, learned counsel for the petitioner submitted that at cause title of the bail petition, inadvertently, father's name of petitioner has been wrongly typed as 'Dukhan Kora' instead of 'Karmu Kora' and also to correct the criminal antecedents in para-3 of the bail petition.

Accordingly, learned counsel for the petitioner is permitted to make necessary correction during the course of the day itself.

The accused/petitioner is named in the F.I.R. and is in custody since 13.01.2022.

The allegation against the petitioner is to commit murder of Parmanand Tuddu, a newly elected Mukhiya of village-Azimganj Panchayat, district-Munger.

Learned counsel appearing on behalf of the petitioner

9/11 submitted that the entire allegation from the face of F.I.R., where informant is a police officer, is based upon the hearsay input, where nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present set of occurrence/allegation. It is also submitted that petitioner involved in one criminal case, where he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

10/11 under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 25393 of 2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Laraiyatand P.S. Case No. 101 of 2021 registered for the offence under Sections 147, 148, 121(A), 124(A), 342, 302 and 506 of the Indian Penal Code and under Sections 16, 17, 18, 19, 20, 21 and 22 of the U.A.P. Act.

The accused/petitioners are named in the F.I.R. and are in custody since 26.12.2021.

The allegation against the petitioners is to commit murder of Parmanand Tuddu, a newly elected Mukhiya of village-Azimganj Panchayat, district-Munger.

Learned counsel appearing on behalf of the petitioners submitted that the entire allegation from the face of F.I.R., where informant is a police officer, is based upon the hearsay input, where nothing surfaced during the course of investigation to connect these petitioners, prima facie, with present set of occurrence/allegation. It is also submitted that petitioner no. 1

11/11 involved in 1 case, where he is on bail and petitioner no. 2 is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nothing surfaced during the course of investigation to connect both petitioners, prima facie, with present allegation, as raised through F.I.R., where both petitioners are in custody since 26.12.2021 coupled with the fact that charge-sheet has already been submitted, let both above named petitioners are directed to be released on bail in connection with Laraiyatand P.S. Case No. 101 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T