Munilal Koda @ Munna Koda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46891 of 2024 Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Munilal Koda @ Munna Koda, Son of Andu Koda @ Andhu Koda @ Nageshwar Koda, R/o Village- Bankuda, P.O. and P.S.- Kajra, DistrictLakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Irshad, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-07-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.344 of 2023, arising out of Kajra P.S. Case no. 61 of 2018 registered under sections 307, 147, 148, 149 and 353 of the Indian Penal Code, section 27 of the Arms Act and sections 16, 17, 18, 20 and 23 of the Unlawful Activities (Prevention) Act.
3. As per the prosecution case, 56 named accused persons including the petitioner herein as also 22 to 25 others are stated to have gathered for giving effect to an occurrence. On receiving information, the informant and others reached the
Patna High Court CR. MISC. No.46891 of 2024(2) dt.18-07-2024 2/3 forest. It is stated that on seeing the armed forces, the accused persons started to fire. The armed forces took shelter and somehow saved themselves while the accused persons managed to flee away taking benefit of the dense forest. Live cartridges, cordex wire, detonators etc. were recovered.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations are false and concocted. He is in custody since 26.6.2023 and the cause of false implication are his antecedents. It is stated that a number of co-accused have been enlarged on bail, orders of whom have been brought on record as annexures to the petition.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations against the petitioner in the F.I.R., his being in custody for more than 1 year since 26.6.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.344 of 2023 (arising out of Kajra P.S. Case no.61 of 2018) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.46891 of 2024(2) dt.18-07-2024 3/3 amount each to the satisfaction of the learned Additional District and Sessions Judge-III, Lakhisarai.
(Partha Sarthy, J) avinash/- U T