Jaldhar Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39418 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- KAJRA District- Lakhisarai ====================================================== JALDHAR KORA S/o- Mahaveer Kora Resident of 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 :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 147, 148, 149, 341, 323, 307, 427, 436, 385, 387 and 120B of the Indian Penal Code and sections 16, 17, 18 and 20 of Unlawful Activities Prevention Acts.

As per the prosecution case, the petitioner and the coaccused persons along with 10-20 unknown persons assaulted the labours who were engaged in the construction work of road

Patna High Court CR. MISC. No.39418 of 2022(3) dt.24-02-2023 2/3 construction near Imaliya Kol and set the tempo on fire. All the accused persons identified as members of the Nexalite Organization.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The injury report is not available in the case dairy. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Lakhisarai in connection with Kajra P.S. Case No. 79 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with the following conditions:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.39418 of 2022(3) dt.24-02-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

2. The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

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