Sudhir Kora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37875 of 2023 Arising Out of PS. Case No.-163 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Sudhir Kora S/O Bodhan Kora @ Bhodon Kora R/O Village- Saheb Tola, Latiya, PS. Piri Bazar, Dist. Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Nirmala Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Piri Bazar P.S. Case No. 163 of 2021 dated 24.10.2021, instituted for the offence punishable under Sections 147, 148, 149, 307, 333, 353 of the Indian Penal Code, 25(1-A)/26/27 Arms Act, 3/4/5 Explosive Act and 16, 18, 20, 234 A.P. Act, 1967.
3. The prosecution case, in short, is that the son of the informant is said to have been abducted by the 15-20 maoists and on protest made by the informant and police party, they opened fire upon prosecution party. It is further alleged that during course of search operation, a dead body was found in the orchard of Dhanik Bind along with A.K. 47 and 7.62 mm live cartridges. The said dead body was identified by the Chaukidar as a Hardcore
Patna High Court CR. MISC. No.37875 of 2023(2) dt.07-07-2023 2/3 naxal, namely, Pramod Kora.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Only on the basis of suspicion and confessional statement of co-accused, he has been made accused in this case. Learned counsel for the petitioner submits that nothing incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that two named co-accused persons, namely, Dilip Kumar Mandal and Chandan Naiya @ Kandua Naiya have been granted bail by different co-ordinate Bench of this Court vide order dated 24.08.2022 passed in Criminal Miscellaneous No. 16734 of 2022 and order dated 14.02.2023 passed in Criminal Miscellaneous No. 53497 of 2022 respectively. Lastly, it has been submitted that the petitioner is in custody since 04.01.2023 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.37875 of 2023(2) dt.07-07-2023 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, in Piri Bazar P.S. Case No. 163 of 2021.
(Khatim Reza, J) premchand/- U