Dhanraj Kora @ Fulo Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75833 of 2019 Arising Out of PS. Case No.-33 Year-2013 Thana- CHANAN District- Lakhisarai ====================================================== Dhanraj Kora @ Fulo Kora Son of Gorelal Kora Resident of Village-Kaniyah, P.S.-Kajara, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Advocate For the Opposite Party/s :

Mr.Rajeev Nayan(APP231) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Chanan P.S. Case No. 33 of 2013 corresponding to Sessions Trial No. 54 of 2019, registered for the offence punishable under Sections 147, 148, 149, 302, 307, 427 and 120 of the Indian Penal Code. As per prosecution case, about 100 unknown male/female extremists attacked on the train and snatched arms of informant (police personnel) and others and started firing upon the police party causing death of some of the police personnel.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case and committed no offence. Petitioner is not named in the FIR. Name of this petitioner has come on the basis of

Patna High Court CR. MISC. No.75833 of 2019(4) dt.31-01-2020 2/3 confessional statement of co-accused Birendra Kora. Similarly situated co-accused Gopal Yadav has been granted anticipatory bail by this court vide order dated 06.04.2018 passed in Cr. Misc. No. 12462 of 2018 and co-accused Pankaj Yadav has been granted regular bail vide order dated 24.04.2018 passed in Cr. Misc. No. 10149 of 2018. Charge sheet has already been submitted and there is no allegation of tampering with the evidence against this petitioner. Petitioner is in custody since 06.11.2018.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 2nd, Lakhisarai in connection with Chanan P.S. Case No. 33 of 2013 corresponding to Sessions Trial No. 54 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be

Patna High Court CR. MISC. No.75833 of 2019(4) dt.31-01-2020 3/3 cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T