Dilip Koda @ Dinesh Koda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72173 of 2025 Arising Out of PS. Case No.-11 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Dilip Koda @ Dinesh Koda S/o Madan Koda R/o Village- Barmasiya, P.S.- Bannubagicha, District- 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. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Kajra P.S. Case No. 11 of 2018, registered for the offences under Sections 147, 148, 149, 353, 307 of the Indian Penal Code and Section 27 of the Arms Act and Sections 16, 17, 18, 20, 23 of the U.A.P. Act.
3. As per the prosecution case, altogether 43 named persons including the petitioner and 40-45 persons are alleged to have assembled for committing some big offence. The police party came under heavy firing and one constable suffered injury.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in
Patna High Court CR. MISC. No.72173 of 2025(2) dt.11-11-2025 2/3 this case merely on the basis of suspicion. In the FIR, the name of one Dinesh Koda has been mentioned as one of the accused persons, but the police have maliciously tagged the name of this petitioner. From the FIR, it is apparent that a number of persons have been made accused in this case, but there is no material to show their involvement. The petitioner is neither a member of any Naxal group nor was he present at the place of occurrence. Even if the entire prosecution story is taken into consideration, the only allegation against the petitioner is that of being a member of the mob. No specific overt act has been attributed to the petitioner. The charge sheet has been submitted. The petitioner has been in custody since 03.09.2024, and he has three criminal antecedents.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the non-specific nature of allegation against the the petitioner and also considering the period of custody and submission of charge-sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.72173 of 2025(2) dt.11-11-2025 3/3 satisfaction of learned S.D.J.M. Lakhisarai, in connection with Kajra P.S. Case No. 11 of 2018, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) Sudhanshu/- U T