Anil Kumar @ Anil Kora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53197 of 2023 Arising Out of PS. Case No.-79 Year-2021 Thana- KAJRA District- Lakhisarai ====================================================== Anil Kumar @ Anil Kora (M), aged about 51 years, son of Kartik Soren @ Kartik Kora, resident of village- Budhauli Bankar, PS- Kajra, Dist- 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 :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Kajra PS Case No.79 of 2021 dated 26.08.2021, instituted under Sections 147, 148, 149, 341, 323, 307, 427, 436, 385, 387, 120B of the Indian Penal Code and Sections 16, 17, 18, 20 of UAP Act.
3. The allegation against the petitioner is that he along with other naxalites assaulted the labourers, who were engaged in road construction work, and they also put a Tempo on fire for extortion of money amounting to rupees ten lac and also threatened that without payment of extortion money i.e., rupees ten lac, the contractor cannot construct the road.
4. Learned counsel for the petitioner submits that FIR has been lodged against 48 named accused persons and 10-12
Patna High Court CR. MISC. No.53197 of 2023(2) dt.23-08-2023 2/2 unknown naxalites. Learned counsel further submitted that the petitioner is a government Teacher posted in Lakhisarai district and to malign his image in the society, he has been implicated in this case. It is further submitted that no specific overt act has been attributed against the petitioner and there is only general and omnibus allegation against the petitioner. During investigation, nothing has come against the petitioner. Lastly, it is submitted that the petitioner has one criminal antecedent.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Lakhisarai, in Kajra PS Case No.79 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T