Anil Koda @ Anil Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48590 of 2023 Arising Out of PS. Case No.-10 Year-2016 Thana- BARHAT District- Jamui ====================================================== ANIL KODA @ ANIL KORA Son of Babulal Kora Resident of VillageKumartari, Police Station-Barhat, District-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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, 121, 121A, 353, 427, 120B of the Indian Penal Code, Sections 3/4 of the Explosive Substance Act and Sections 16, 17, 18, 19 and 20 of the U.A.P. Act.

3. As per prosecution case, some unknown miscreants damaged the building of Block Office, Barhat by Bomb blast.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. There is no specific overt act against the petitioner. The name of the

Patna High Court CR. MISC. No.48590 of 2023(3) dt.12-09-2023 2/2 petitioner has come in the case diary at vide para-98 but from the perusal of the case diary neither a single independent witness nor any witness examined in this case, who disclosed the name of the petitioner. Only on the basis of suspicion and due to his criminal antecedents, the petitioner has been falsely implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 07.04.2021.

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 satisfaction of the learned Court below in connection with Barhat P.S. Case No. 10 of 2016.

(Sunil Kumar Panwar, J) arish/- U