Rajkumar Koda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50604 of 2025 Arising Out of PS. Case No.-28 Year-2018 Thana- BARHAT District- Jamui ====================================================== Rajkumar Koda S/o Nuneswar Koda R/o Village- Gurmaha Musharitang, P.S.- Barhat, District- Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
The state of bihar advocate general of bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Parihar, Adv.
For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S.T.R. No. 498/2022 arising out of Barhat P.S Case No. 28 of 2018 dated 03.03.2018 registered for the offences punishable under sections 147, 148, 149, 302, 201 and 427 of the Indian Penal Code and Sections 3 / 4 of the Prevention of Damage Public Property Act and Section 27 of the Arms Act and Sections 9, 10, 13, 16, 18, 20 and 21 of the U.A.P Act.
3. As per the prosecution case, the petitioner and the co-accused persons along with some unknown naxals holding
Patna High Court CR. MISC. No.50604 of 2025(2) dt.15-10-2025 2/3 lethal weapons are alleged to have shot Madan Koda and Pramod Koda to dead.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel further submitted that there is no eye witness of the alleged occurrence. There is general and omnibus allegation against the petitioner. The other co-accused person has already been granted regular bail by this court vide order dated 12.04.2023 passed in Cr. Misc. No. 69898/2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.11.2021.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with S.T.R. No. 498/2022 arising out of Barhat P.S Case No. 28 of 2018 with the condition :- (i) The petitioner is directed to remain physically
Patna High Court CR. MISC. No.50604 of 2025(2) dt.15-10-2025 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii) 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 bonds 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 same of verification.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T