This is an oral order granting an interim stay or disposal in a bail application. The Petitioner, Sitaram Koda, sought anticipatory bail in a case involving offences under the IPC and UAPA. The Court found the allegations against him credible and dismissed the application.
Prayer for anticipatory bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10349 of 2022
Arising Out of PS. Case No.-22 Year-2014 Thana- KAJRA District- Lakhisarai
======================================================
Sitaram Koda, S/O Meghu Koda R/O Village- Ghoghar, Ghati, P.S.- Kajra, District- Lakhisarai
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Irshad For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 06-09-2022
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 427, 436 and 120(B) of the Indian Penal Code, Section 3/4 of the Explosive Substance Act and Section 10/ 13 of the U.A.P. Act.
The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on 28.04.2014 at 12.55 A.M., he got information about explosion by Naxalites at High School Narottampur, Kajra and for the verification of which, the informant along with police force reached the place of occurrence where he saw Harijan hostel was empty as the police force had gone for duty in Lok
Patna High Court CR. MISC. No.10349 of 2022(2) dt.06-09-2022 2/3
Sabha Election and the Naxalites had taken over the hostel. It is next alleged that Naxalites has destroyed the hostel coaching and shed and sports building by bombing with cylinder and further, cylinder was found after explosion. It is also alleged that the Chaukidar and the local people disclosed that 150-200 Naxalites had committed the occurrence and the police received secret information about nine named accused persons including the petitioner.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is next submitted that the father’s name of the is Machchho Koda while the name of the father of the accused/ petitioner Sita Ram Koda in the F.I.R. is Meghu Koda. It is next submitted that petitioner is a PDS Dealer.
The learned Additional Public Prosecutor opposes the anticipatory bail application and submits that case is of the Year 2014 and the petitioner in the Year 2022 has come before this Court for grant of anticipatory bail which amply demonstrates that petitioner at his leisure is taking steps. It is also submitted that though it has been pleaded in the anticipatory bail that petitioner is a PDS Dealer, but then pleading is vague and cryptic as it does not give any details of the license number, the
Patna High Court CR. MISC. No.10349 of 2022(2) dt.06-09-2022 3/3
year in which petitioner was appointed as PDS Dealer. Thus, it is submitted that it is an attempt by the petitioner only to obtain bail.
Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.
Accordingly, his prayer for anticipatory bail stands
rejected.
(Satyavrat Verma, J)
vikash/-
U T
2 issues framed by the court
Whether the petitioner is eligible for the grant of anticipatory bail in the present case.
Whether the petitioner has satisfied the requisite conditions for the extension of anticipatory bail.
4 provisions across 4 enactments
Sitaram Koda
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
