Jagdish Kora @ Abhay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33744 of 2014 Arising Out of PS.Case No. -60 Year- 2012 Thana -KHAIRA District- JAMUI ======================================================

1. Jagdish Kora @ Abhay son of Charku Kora resident of village Pasraha, P.S. Dharhara, Dist. Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Khurshid Anwar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149 of the I.P.C, sections 10, 13, 16, (1-b) a, 20 and 21 of U.A. (P) A Act and sections 25 (1-b) A, 26 and 27 of the Arms Act.

Allegedly the petitioner and other F.I.R. named accused persons along with 200 members of the extremists organization during patrolling started firing to which the Police also resorted to cross firing which continued several hours and then in the morning after search some left out arms have been recovered.

Submission is of false implication and that only on

Patna High Court Cr.Misc. No.33744 of 2014 (6) dt.16-02-2015 2/2 suspicion the petitioner has been named. How the petitioner has been identified is not known and only on the suspicion he is suffering in custody since 07.03.2014. The learned A.P.P. fairly submits that name of the petitioner has been taken along with 56 members of the Naxalites.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Jamui in S.T. No. 204 of 2014 arising out of Khaira P.S. Case No. 60 of 2012, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T