Bijay Koda @ Bijay Kora @ Vijay Koda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52923 of 2024 Arising Out of PS. Case No.-28 Year-2018 Thana- BARHAT District- Jamui ====================================================== Bijay Koda @ Bijay Kora @ Vijay Koda SON OF NARESH KODA Village -Gurmaha (Kumartari), PS- Barhat, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-10-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Barhat P.S. Case No.28 of 2018 registered for the offence under Sections 147, 148, 149, 302, 201 and 427 of the Indian Penal Code and Section 3⁄4 of Prevenion of Damage of Public Property Act and Section 27 of the Arms Act and Sections 9, 10, 13, 16, 18, 20, 21 of UAP Act.

3.

As per FIR, the petitioner and the other named co-accused persons along with some 60 to 65 naxal holding lethal weapons are alleged to have caused death of Madan Koda and Pramod Koda by means of firearm injury. 4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.52923 of 2024(3) dt.18-10-2024 2/3 petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that petitioner was no involved in such occurrence and he had no information about the case. It is submitted that nothing surfaced during course of investigation against this petitioner, which may connect this petitioner with the present set of occurrence. It is also submitted that similarly situated other co-accused persons have already been granted bail by one of different learned co-ordinate Benches of this Court through Cr. Misc. No.2082 of 2021 on 26.03.2021, Cr. Misc. No.53251 of 2018 on 09.10.2018, Cr. Misc. No.61070 of 2018 on 06.10.2018, Cr. Misc. No.56481 of 2022 on 24.02.2023 and Cr. Misc. No. 13029 of 2024 on 29.02.2024. It is further submitted that petitioner is in custody since 04.03.2024. He next submits that informant has made about 60 to 65 accused persons in the FIR but it is very surprising that how the informant remembered the name of all 60 to 65 accused persons in the FIR.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection

Patna High Court CR. MISC. No.52923 of 2024(3) dt.18-10-2024 3/3 with Barhat P.S. Case No.28 of 2018 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jamui/court concerned.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T