Sudhir Kora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55851 of 2023 Arising Out of PS. Case No.-162 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== SUDHIR KORA Son of Bodhan Kora @ Borhan Kora R/o vill - Lathiya Saheb Tola, P.S. - Piri Bazar, Distt. - Lakhisarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Narsingh Tanti, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Piri Bazar P.S. Case No. 162 of 2021 registered under Sections 147, 148, 149, 448 and 364 of the Indian Penal Code under Section 27 of the Arms Act and Section 16,18, 20 and 23 of the UAP Act lodged on 24.10.2021 by the informant, Bhagwat Prasad.
As per the prosecution story, the accused persons abducted the son of the informant, who was recovered next day. Accordingly, the FIR.
During investigation, Mukul Khode was arrested and he named this petitioner in his confessional statement and in this way, he came to judicial custody since 28.04.2023 (as stated in
Patna High Court CR. MISC. No.55851 of 2023(2) dt.28-08-2023 2/3 paragraph-1 of the petition). Further submission is that similarly situated accused, namely, Sunil Mandal whose name has came in the confessional statement of Mukul Khode has been extended the privilege of bail vide order dated 08.05.2023 passed in Cr. Misc. No. 68953 of 22, as contained in Annexure2). Learned APP for the State opposes the prayer for bail.
Taking into account the submissions put forward by the learned counsel for the petitioner, the victim boy subsequently returned, he is in custody since 28.04.2023 and similar situated accused, namely, Sunil Mandal has since been extended the privilege of bail, as stated above, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Lakhisarai in connection with Piri Bazar P.S. Case No. 162 of 2021, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.55851 of 2023(2) dt.28-08-2023 3/3 (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T