Patna High Court - Orders
Pradip Kora @ Rajo Kora @ Gajo Kora vs The State Of Bihar on 7 March, 2012
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10601 of 2012
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Pradip Kora @ Rajo Kora @ Gajo Kora, Son of Batu Kora, resident of
Village-Kumartoli, P.S.-Barhat, District-Jamui. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
SINGH
ORAL ORDER
2 07-03-2012Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner seeks bail in connection with a case instituted for the offence punishable under Sections 147, 148, 149, 341, 302, 307, 379, 353, 333,364, 121(A), 122, 123, 124(A), 120(B) of the Indian Penal Code, Section 27 of the Arms Act and Sections 10, 13, 16 of the A.P. Act, 1967.
The petitioner is said to be in custody since 22.11.2011. In the F.I.R. it is alleged that in the hills near Kajra there were Maoist activities and massive encounter took place between C.R.P.F, S.T.F police and the Maoist in which several police officials were injured and some were abducted and killed. Altogether 18 persons were named in the F.I.R. Apart from the named accused 150 unknown Maoist extremists were also made accused in the present case.
It is submitted that the petitioner is not named in the F.I.R. His name transpired in course of investigation. He has got no criminal antecedent and without any material merely on suspicion, he has been remanded in the present case. One of the named accused Manoj Kumar @ Manoj Das has 2 Patna High Court Cr.Misc. No.10601 of 2012 (2) dt.07-03-2012 2/2 already been granted bail by order dated 7.2.2011 passed in Cr. Misc. No. 4219 of 2011 by another bench of this Court.
Several other co-accused persons, who are either named or who were remanded to judicial custody in course of investigation, have also been granted bail by different orders passed by this Court.
Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Kajra P.S. Case No. 33 of 2010 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court.
Sanjeet/- (Ashwani Kumar Singh, J)