Karoo Kora @ Ajit Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56481 of 2022 Arising Out of PS. Case No.-28 Year-2018 Thana- BARHAT District- Jamui ====================================================== Karoo Kora @ Ajit Kora Son Of Kaleshwar Kora Resident Of VillageMalarhari Tand (Bichla Tola) Sri Kishun Kodasi, Police Station- Kajra, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barhat P.S. Case No. 28 of 2018 lodged under Sections 147, 148, 149, 302, 201, 427 of the I.P.C. and under Section 3/4 of the Prevention of Damage to Public Property Act, under Section 27 of the Arms Act and under Section 10, 13, 16, 18, 20, 21 of U.A.P. Act As per the prosecution case, the dead body of 2 persons namely Madan Kora and Pramod Kora were found lying in the wheat field near northern side of the school. In total

Patna High Court CR. MISC. No.56481 of 2022(2) dt.24-02-2023 2/3 30 persons were named accused in this F.I.R. In the allegation that they all have committed murder of these 2 persons, only due to the reasons that the deceased have left the Naxal world and came into the mainstream.

Learned counsel for the petitioner submits that there is only one case pending against the petitioner, in which he is on bail.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that there is one criminal case pending against the petitioner, in which he is on bail. He further submits that petitioner is in custody since 24.05.2022. He also submits that some accused persons have been granted bail by the Co-ordinate Bench of this Court and he has also produced 5 different order-sheets, in which bail have been granted i.e. Cr. Misc. No. 61070 of 2018, Cr. Misc. No. 22633 of 2019, Cr. Misc. No. 2082 of 2021, Cr. Misc. No. 55426 of 2022, Cr. Misc. No. 58251 of 2018. Learned counsel for the petitioner submits that it is a case of double murder, in the form of Naxal attack and allegations of U.A.P.A. and Prevention of Damage to Public Property Act are there in the F.I.R. Upon specific query that whether charge has been framed or not, counsel submits that he

Patna High Court CR. MISC. No.56481 of 2022(2) dt.24-02-2023 3/3 is not aware of the fact that whether charge has been framed or not in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

With this observation, the bail application stands rejected.

Liberty is hereby granted to the petitioner that he may renew his prayer for bail, after framing of charge. Trial court is directed to release the petitioner on bail, imposing its own conditions, so that he may not evade his appearance during trial.

It is made clear that, in case charge has already been framed, then petitioner shall be immediately released on bail imposing all the conditions made above.

(Dr. Anshuman, J.) ashishsingh/- U T