Yogendra Kora @ Yogi Kora @ Yogendra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35182 of 2024 Arising Out of PS. Case No.-11 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== YOGENDRA KORA @ YOGI KORA @ YOGENDRA SON OF PARBHU KORA RESIDENT OF VILLAGE - BAKURA, P.S. - KAJRA, DISTRICT - LAKHISARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad, Advocate For the Opposite Party/s :
Mr.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The case is registered under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code, 27 of the Arms Act and 16, 17, 18, 20 and 23 of the Unlawful Assembly of People Act in connection with Kajra P.S. Case No. 11 of 2018 (G.R. No. 218 of 2018)
3. As per the allegation, 43 named accused persons including the petitioner as also 40-45 unknown persons alleged to be naxals by the police, had assembled for commission of offence, according to the information received by the police. The further allegation is that there were firing and cross firing, as a result, one Constable got injured by the bullet injury.
Patna High Court CR. MISC. No.35182 of 2024(2) dt.28-06-2024 2/3
4. Learned counsel for the petitioner submits that there is no specific allegation against any of the accused persons much less the petitioner and he has been named only to sensitize the matter. He further submits that one of the co-accused, namely, Shankar Yadav has since been granted bail in Cr. Misc. No. 78365 of 2021 on 27.09.2021 and co-accused Karu Koda @ Ajit Kumar Koda has also been granted bail in Cr. Misc. No. 25815 of 2022 on 12.08.2022. He lastly submits that he is in custody since 01.02.2024 (as mentioned in paragraph 9 of the bail application).
5. Considering the fact that omnibus allegation of firing has been made against all the accused persons named in the first information report, no role specific has been attributed against the petitioner and he is in custody since 01.02.2024, charge sheet has been submitted and co-accused persons, namely Shankar Yadav and Karu Koda @ Ajit Kumar Koda (as stated aforesaid) have already been granted bail, this Court is inclined to grant bail to the petitioner.
6. Let the petitioner be released on bail in connection with the above case on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai,
Patna High Court CR. MISC. No.35182 of 2024(2) dt.28-06-2024 3/3 in connection with Kajra P.S. Case No. 11 of 2018 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner, who shall provide official document to show his/her bonafide.
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself.
(iii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Jagdish/- U T