Patna High Court – Orders
Kare Lal Koda @ Pyarelal Koda vs The State Of Bihar on 20 August, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19974 of 2025
Arising Out of PS. Case No.-41 Year-2017 Thana- CHANAN District- Lakhisarai
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Kare Lal Koda @ Pyarelal Koda Son of Dina Koda Resident of village -
Kanimoh, Police Station - Bannu Bagicha, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar, Advocate
For the Opposite Party/s : Mrs.Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 20-08-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Chanan P.S. Case No. 41 of 2017 registered for
the alleged offences under Sections 147, 148, 149, 436, 427,
302, 379 of the Indian Penal Code, Section 27 of the Arms Act,
Sections 4/6/8 of Bihar Minerals (Prevention of Illegal Mining,
Transportation and Storage) Rules, 2003, Sections 4/40 of Bihar
Minor Concession Rules and Sections 16, 18(B), 20 of
Unlawful Activities (Prevention) Act.
3. As per prosecution case, police received
information about setting on fire of five trucks, trailer of a
tractor and a motorcycle by the naxalites. Subsequently, it came
Patna High Court CR. MISC. No.19974 of 2025(5) dt.20-08-2025
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to the notice of the police that about 20 named persons
including this petitioner and 20-25 unknown persons attacked
the persons, who were engaged in illegal sand mining and thus
fire of vehicle and these naxalites shot dead driver of JCB
machine. The occurrence is said to have taken place in the
background of unlawful activities of the persons involved in
sand mining and the naxalites and dispute arising over sharing
of money.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. There is no eye witness to the whole occurrence and on the
basis of general and omnibus allegation the present case has
been lodged. There is no specific and any cogent material to
connect the petitioner with the offence as alleged. Learned
counsel further submits that a number of co-accused persons
have been granted anticipatory and regular bail by different Co-
ordinate Benches vide orders dated 15.02.2018, 21.02.2018,
30.03.2018 and 28.02.2025 passed in Cr. Misc. Nos. 3418 of
2018, 5536 of 2018, 6054 of 2018 and 1689 of 2025,
respectively. The petitioner is having antecedent of 8 cases and
he is on bail in all cases except one. Due to his criminal
antecedent, the petitioner has been implicated in the present
Patna High Court CR. MISC. No.19974 of 2025(5) dt.20-08-2025
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case. The petitioner in custody since 27.08.2024 and charge
sheet has been submitted.
5. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the petitioner
is a habitual offender and is involved in similar nature of
cases.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of substantive material to connect the petitioner with
the offence as alleged and also considering the remoteness of
allegation and further considering the period of custody of the
petitioner and submission of charge sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Lakhisarai/concerned Court in connection with
Chanan P.S. Case No. 41 of 2017, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
Patna High Court CR. MISC. No.19974 of 2025(5) dt.20-08-2025
4/4on each and every date fixed by the
court below.
(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)
DKS/-
U T
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