Suran Koda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28341 of 2023 Arising Out of PS. Case No.-83 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Suran Koda Son Of Puna Koda Resident Of Village-Sri Kishun Kodasi, Police Station-Kajra, District-Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 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 A.P.P for the State.

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 and under Sections 27 of the Arms Act and Sections 16, 17, 18, 20, 23 and 28 of the U.A.P. Act.

As per the prosecution case, the petitioner along with 59 named and others were planning to execute Naxal attack at

Patna High Court CR. MISC. No.28341 of 2023(2) dt.25-05-2023 2/2 Mithu Pahar in Madhur Kol. When the police as well as the cobra team reached there, they faced indiscriminate firing from naxals.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was a member of the mob. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.01.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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.

The application stands allowed.

(Chandra Prakash Singh, J) Atul/- U T