Pramod Kora @ Parmeshwar Kora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39002 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- KAJRA District- Lakhisarai ====================================================== PRAMOD KORA @ PARMESHWAR KORA SON OF GULLU KORA @ GULLO KORA @ BULO KORA R/O VILLAGE- KANIMOH, P.S.- KAJRA, DISTRICT- LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Mrs. Sangeet Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Kajra P.S. Case No. 79 of 2021 for the offence registered under Sections 147, 148, 149, 341, 323, 307, 427, 436, 385, 387 and 120(B) of the Indian Penal Code and Sections 16, 17, 18 and 20 of the U.A.P. Act.
It is alleged that on 26.08.2021, 48 F.I.R.
named accused persons as well as 10-12 others had arrived at the place of occurrence and had assaulted the workers engaged in construction of road as also had set a tempo on fire and all the
Patna High Court CR. MISC. No.39002 of 2022(4) dt.24-01-2023 2/3 said accused persons were identified to be members of a naxalite organization, who had disrupted the road construction work for want of payment of levy.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 13.12.2021. The learned counsel for the petitioner has further submitted that the petitioner is having a fair antecedent inasmuch as he is an accused only in one another criminal case. It is also submitted that neither the petitioner has been alleged to have engaged in any specific overt act nor any illicit weapon has been recovered from the possession of the petitioner. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court vide order dated 22.04.2022 passed in Criminal Miscellaneous No. 23546 of 2022 and vide order dated 04.07.2022 passed in Criminal Miscellaneous No. 37228 of 2022.
Patna High Court CR. MISC. No.39002 of 2022(4) dt.24-01-2023 3/3 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the coaccused persons who have already been granted bail by co-ordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail.
Accordingly, the petitioner, above named, 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 learned S.D.J.M., Lakhisarai in connection with Kajra P.S. Case No. 79 of 2021.
(Mohit Kumar Shah, J) S.Sb/Saurav U T