Krishna Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43336 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== Krishna Pal S/O Bijendra Pal R/O Village- Bairiya, P.S.- Mali, Dist.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh, Advocate Mr. Narendra Kumar, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Nabinagar P.S. Case No. 73 of 2025 registered for the alleged offences under Sections 308(3), 308(4), 308(5) nd 351(3) of B.N.S. and Sections 13, 18 and 20 of Unlawful Activities (Prevention) Act.
3. As per prosecution case, 9 to 10 extremists members of Maoist organization who were armed and were in police uniform came to the construction site of the informant and handed over a letter to the guard of the company. In the letter there was intimation that further work was stopped by the organization and the construction work would commence only after talk with the Maoist organization.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43336 of 2025(2) dt.16-07-2025 2/3 petitioner is innocent and has been falsely implicated in this case. The name of the petitioner transpires in the confessional statement of co-accused Naresh Ram alias Navin but there is no material to connect the petitioner with the offence as alleged. The petitioner did not demand any extortion and nothing incriminating has been recovered from the person or possession of the petitioner. Except for confessional statement of coaccused there is no material against the petitioner showing his involvement. Even no Test Identification Parade has been conducted though the petitioner is in custody since 26.03.2025. Similarly placed co-accused Mithlesh Yadav @ Mithilesh Yadav has been granted by a Co-ordinate Bench vide order dated 19.05.2025 passed in Cr. Misc. No. 29216 of 2025. The petitioner is having antecedent of seven cases but he is on bail in all the cases and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner is a member of a gang of Maoist organization which used to collect levy from the contractors.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the remoteness of the allegation and also considering the absence of
Patna High Court CR. MISC. No.43336 of 2025(2) dt.16-07-2025 3/3 cogent material against the petitioner and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/concerned Court in connection with Nabinagar P.S. Case No. 73 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T