Patna High CourtCR. MISC./62944/2022allowed

Mangal Koda v. The State Of Bihar

2023-02-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62944 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- KAJRA District- Lakhisarai ====================================================== Mangal Koda Son Of Mahendra Koda R/V- Ghogharghati, P.S.- Kajra, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 436, 385, 387, 120(B) of the Indian Penal Code and Sections 16, 17, 18, 20 of the U.A.P. Act.

As per the prosecution case, it is alleged that on 26.08.2021, 48 F.I.R named accused persons as well as 10-12 unknown accused persons assaulted the

Patna High Court CR. MISC. No.62944 of 2022(2) dt.21-02-2023 2/3 labourers, who were engaged in the construction work of road near Imaliya Kol and set the tempo on fire. All the accused persons were identified as members of the Nexalite Organization.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against 48 named and 10-12 unknown accused persons and no specific overt act has been assigned against any one. It is further submitted that petitioner does not belong to any Nexalite organization and only because of his past criminal antecedent, his name has been implicated in this case. The petitioner is languishing in custody since 05.07.2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.62944 of 2022(2) dt.21-02-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Kajra P.S. Case No. 79 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T