Saryug Kora v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4880 of 2020 Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Saryug Kora, aged about 58 years, Male, S/o Sahdeo Kora, R/o villageGhogharghati, P.S.- Kajra, 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.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-08-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Kajra P.S. Case No. 61 of 2018 registered for the offences punishable under Sections 147, 148, 149, 353/307 of the Indian Penal Code, Section 27 of the Arms Act and under Sections 16, 17, 18, 20/23 of U.A.P. Act.
The prosecution story in brief according to the F.I.R. is that the occurrence dated 14.11.2018 on receiving the confidential information the Superintendent of Police, Lakhisarai and Commandant of Kobra-207 has directed to departure against Naxallites who were consolidated in Number of 56 named and 20-23 unknown to commit the serious offence in Bokura Tola village Barmasia the informant along with the police team of Kobra 207 and 205 Battalian leaded by their
Patna High Court CR. MISC. No.4880 of 2020(5) dt.27-08-2020 2/3 Commandant and surrounded the Naxallites than the firing and counter firing was started between the police parties and naxallites.
Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence. Learned counsel for the petitioner further submits that the petitioner has been falsely implicated in this case. The present case has been brought only to harass and humiliated the petitioner in false litigation. There is general and omnibus allegation against the petitioner accused along with fifty five named accused persons and twenty three unknown persons to firing and counter firing upon the police parties. He further submits that there is no specific allegation and overt act against the petitioner accused in this occurrence. He further submits that there is no source of light on the spot which is the dense forest and hills in which the petitioner and other named person would be identified.
Learned counsel for the State submits that the petitioner has got two criminal antecedent which is mentioned in paragraph-3 of the bail petition.
In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer
Patna High Court CR. MISC. No.4880 of 2020(5) dt.27-08-2020 3/3 for bail of the petitioner is hereby rejected in connection with Kajra P.S. Case No.61 of 2018 pending in the court of learned J.M. Ist Class, Lakhisarai. However, the petitioner is directed to renew his prayer for bail after framing of charge. (Anjani Kumar Sharan, J) Nasimul/- U T