Baleshwar Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74460 of 2023 Arising Out of PS. Case No.-19 Year-2014 Thana- KAJRA District- Lakhisarai ====================================================== BALESHWAR KORA S/O LATE GULLO KORA R/O VILLAGE- KANI MOH, PS- KAJRA, DISTRICT-LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra For the Opposite Party/s :

Mr.Gauri Shankar Gupta For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kajra P.S. Case No. 19 of 2014 registered for the offence under Section 147, 148, 149, 427, 436, 120B of the Indian Penal Code and under Section 3⁄4 of the Explosive Substance Act and under Section 10,13 of the UAP, Act.

3. As per the prosecution case, 100-150 criminals came and by using cylinder bomb, have blasted and damaged a Harizan School.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.74460 of 2023(4) dt.29-02-2024 2/3 this case. He further submits that bail of one other co-accused namely Mantu Kora has been granted bail by this Court vide order dated 21.05.2021 passed in Cr. Misc. No. 2001 of 2021.

5. It is also been submitted by the learned counsel for the petitioner that the petitioner is in jail since 19.01.2023.

6. Learned APP for the State relies upon a decision of Hon'ble Supreme Court passed in the case of Gurwinder Singh Vs. State of Punjab and Anr. bearing Criminal Appeal No. 704 of 2024.

7. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail by contending that the petitioner is named in the FIR as one of the Naxals who have participated in the crime. He further submits that the petitioner is accused in two more cases and he is an absconder also as the case is of the year 2014 but the petitioner has been arrested in 2023 and have evaded the Court.

8. In view of the guidelines issued by the Hon'ble Supreme Court in the case of Gurwinder Singh Vs. The State of Punjab and Another (Supra) for grant of bail in cases registered under the UAP, Act, this is not a fit case for grant of bail.

9. Accordingly, this application is dismissed.

Patna High Court CR. MISC. No.74460 of 2023(4) dt.29-02-2024 3/3

10. The trial Court is directed to expedite the trial of the petitioner and conclude the same at the earliest. If there is no sufficient progress in the trial due to the fault of the prosecution side then the petitioner may renew his prayer for grant of bail.

(Sandeep Kumar, J) Vikas/- U T