Ajit Koda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38995 of 2023 Arising Out of PS. Case No.-33 Year-2013 Thana- CHANAN District- Lakhisarai ====================================================== AJIT KODA Son of Late Shoshan Koda Resident of village - Kachhua, P.O. - Mananpur, P.S. - Chanan, Distt. - Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Irshad For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 302, 307, 427, 120(B) of the Indian Penal Code, Section 27 of the Arms Act, Section 3⁄4 of the Explosive substance Act, Section 150, 151, 152 of Railway Act and Section 16, 17, 18(b) and 20 of UPA Act. As per prosecution case, extremists, more than 100 in number, stopped a train and opened indiscriminate firing upon the train killing police personnel and passenger and looted three automatic rifles and 290 cartridges.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He
Patna High Court CR. MISC. No.38995 of 2023(4) dt.13-09-2023 2/3 has falsely been implicated in the present case due to police enmity. There is no specific allegation against this petitoner and all the allegations are general and omnibus in nature. Neither the petitioner is named in the F.I.R. nor put on T.I.P. No any incriminating article has been recovered from his conscious possession. His name has been surfaced in this case only on the basis of confessional statement of co-accused Ravindra Koda and Dinesh Yadav and except this nothing has come against the petitioner. The other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 12.10.2025 passed in Cr. Misc. No. 39578 of 2015 which is annexed as Annexure-2 series of this petition. Moreover, the petitioner is languishing in judicial custody since 06.03.2023.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chanan P.S. Case No.33 of 2013 on furnishing bail bond of Rs. 10,000/- (Rupees ten
Patna High Court CR. MISC. No.38995 of 2023(4) dt.13-09-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned R.J.M., Kuil, Lakhisarai. (Sunil Kumar Panwar, J) lata/- U T