Allowed

Bhatan @ Bhatan Kora @ Bhagtan Kora v. The State of Bihar

Patna HC5 Sept 2022CR. MISC./65807/2021

Case brief

AI extract

What is this about?

Justice Arun Kumar Jha granted regular bail to the petitioner in a case involving murder, train robbery, and other serious offences. The court released the petitioner on a bail bond of Rs. 20,000 with two sureties, subject to conditions, noting the petitioner was not initially named in the FIR and no incriminating material was recovered from him.

What did the court decide?

Petitioner directed to be released on bail on furnishing a bond of Rs. 20,000 with two sureties, subject to furnishing bond after framing of charges and other conditions.

Bhatan @ Bhatan Kora @ Bhagtan Kora Vs The State… — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65807 of 2021

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Arising Out of PS. Case No.-33 Year-2013 Thana- CHANAN District- Lakhisarai

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======================================================

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Bhatan @ Bhatan Kora @ Bhagtan Kora, Son of Late Jangli Kora, Resident of Village- Kundari Mahjanma (Kachhua), P.S.- Chanan, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Advocate For the Opposite Party/s : Mr.Rajendra Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 05-09-2022

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Heard learned counsel for the petitioner and learned APP for the State.

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Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect.

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In the present case, the petitioner seeks bail in connection with Chanan P.S. Case No. 33 of 2013 registered for the alleged offences under Sections 147, 148, 149, 302, 307, 427 and 120(B) of the Indian Penal Code, Section 27 of the Arms Act, Section ¾ of the Explosive Substance Act, Sections 150, 151 and 152 of the Railway Act and Sections 16, 18 and 20 of the U.A.P Act, 1967.

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As per prosecution case, extremists, more than 100 in number, stopped a train and opened indiscriminate firing upon

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Patna High Court CR. MISC. No.65807 of 2021(3) dt.05-09-2022 2/4

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the train killing police personnel and a passenger and looted three automatic rifles and 290 cartridges.

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The learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name came up only in supervision note and in the statement of investigating officer in this case. No independent witness has named this petitioner. Except for statement of police official recorded under Section 161 of Cr.P.C, there is no material available against this petitioner in the entire case diary. Similarly situated co-accused persons have been granted anticipatory bail/ regular bail. Gopal Yadav has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 06.04.2018 passed in Cr. Misc. No. 12462 of 2018, Dhanraj Kora has been granted bail by a Co-ordinate Bench of this Court vide order dated 31.01.2020 passed in Cr. Misc. No. 75833 of 2019. Other coaccused Mantu Kora has also been granted bail by a Co-ordinate Bench of this Court vide order dated 22.06.2021 passed in Cr. Misc. No. 5243 of 2021 and the case of this petitioner is on better footing since the said co-accused Mantu Kora has five criminal antecedents. Nothing incriminating has been recovered from this petitioner. The petitioner is in custody since 26.08.2021 and the charge-sheet has been submitted in this case.

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Patna High Court CR. MISC. No.65807 of 2021(3) dt.05-09-2022 3/4

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Learned APP opposes the prayer for bail submitting that the petitioner and other co-accused persons, who were part of the extremists group, attacked the police party and killed the police personnel and a passenger and looted their rifles. They exploded bombs and made indiscriminate firing in dangering the life of large number of common public. Learned APP further submits that in such cases, it is not possible to have independent witnesses to join the investigation and name the criminals like this petitioner. So the police officials are the natural witnesses of the occurrence.

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Having regard to the submissions made hereinabove and considering the fact that the petitioner was initially not named in the FIR and allegations are mostly non-specific and further considering no recovery has been made from this petitioner or at his instance, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Chanan P.S. Case No. 33 of 2013, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

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Patna High Court CR. MISC. No.65807 of 2021(3) dt.05-09-2022 4/4

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(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

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(ii) One of the bailors will be the deponent, who has sworn the affidavit.

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(iii) The petitioner will remain present on each and every date fixed by the court below.

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(iv) 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.

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(Arun Kumar Jha, J)

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balmukund/-

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U T

Bhatan @ Bhatan Kora @ Bhagtan Kora v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhatan @ Bhatan Kora @ Bhagtan Kora v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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