Mantu Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5243 of 2021 Arising Out of PS. Case No.-33 Year-2013 Thana- CHANAN District- Lakhisarai ====================================================== MANTU KORA Son of Chandrika Kora @ Chandarika Kora Resident of Village - Ghogharghati, P.S.- Kajra, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Smt. Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Sessions Trial No. 79 of 2020 (arising out of Chanan P.S. Case No. 33 of 2013) registered under sections 302, 307, 147, 148, 149 and 120B of the Indian Penal Code, section 27 of the Arms Act, sections 3 and 4 of the Explosive Substance Act, sections 150, 151 and 152 of the Railways Act and sections 16, 18B and 20 of the Unlawful Activities (Prevention) Act, 1967.

As per allegation in the F.I.R., it is stated that about 100 unknown extremists comprising of both males and females attacked the train and snatched arms of the police personnel. They also fired upon the police party causing death of some of

Patna High Court CR. MISC. No.5243 of 2021(3) dt.22-06-2021 2/3 the police personnel.

It is submitted by learned counsel for the petitioner that the petitioner was not named in the F.I.R. He was falsely implicated in the case in course of investigation where his named was mentioned in the extra judicial confession of coaccused Birendra Kora. The said Birendra Kora has been enlarged on bail vide order dated 20.1.2016 passed in Cr. Misc. no. 54764 of 2015. The petitioner is in custody since 18.5.2019. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused Gopal Yadav and Dhanraj Kora vide orders brought on record as Annexure-2 series to the petition, grant of bail to co-accused Birendra Kora vide order mentioned above as also the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sessions Trial No. 79 of 2020 (arising out of Chanan P.S. Case No. 33 of 2013) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Lakhisarai.

Patna High Court CR. MISC. No.5243 of 2021(3) dt.22-06-2021 3/3 In view of the fact that the F.I.R. is of the year 2013, it is directed that the petitioner shall cooperate in the trial and in case of his non-cooperation, the learned Trial Court shall be at liberty to take steps for cancellation of his bail. (Partha Sarthy, J) Prakash/- U T