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Patna High CourtCR. MISC./46007/2023allowed

Video Kora @ Vinay Kora v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46007 of 2023 Arising Out of PS. Case No.-74 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== VIDEO KORA @ VINAY KORA SON OF RAMESHWAR KORA RESIDENT OF VILLAGE- PASRA, PS- LARAIYATAND, DIST- MUNGER ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 120B, 121A, 124A, 353 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Sections 10, 13, 16 and 20 of the U.A.P. Act.

3. As per prosecution case, on information having been received about naxalites having gathered, it is stated by the informant that a raid was conducted. The petitioner and 42 others were identified and named. It is stated that there was

Patna High Court CR. MISC. No.46007 of 2023(2) dt.04-08-2023 2/3 exchange of fire in which about 17 rounds was fired by the police personnel while 32-35 rounds fired by the naxalites on each other.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of against the petitioner. No person was injured in the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 13.01.2023 passed in Cr. Misc. No. 26000 of 2022. He is languishing in judicial custody since 11.07.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.46007 of 2023(2) dt.04-08-2023 3/3 satisfaction of the learned Court below in connection with Ladaiyatar P.S. Case No. 74 of 2021.

(Sunil Kumar Panwar, J) arish/- U T