Nakul Koda @ Lalu Koda Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Nakul Koda @ Lalu Koda Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail applications rejected; however, petitioners given liberty to move for bail again if the trial is not concluded within 10 months, and the Superintendent of Police, Lakhisarai directed to produce all witnesses and ensure conclusion of the trial within the specified period of time.

Issue for consideration

Whether the petitioners (Nakul Koda @ Lalu Koda and Video Koda @ Vinay Koda) should be granted regular bail in connection with Piri Bazar P.S. Case No.162 of 2021.

Ratio / Principle

On the present facts and circumstances the Court is not inclined to grant regular bail to the petitioners; the bail applications of the petitioners are rejected.

Key takeaways

If the trial is not concluded within 10 months, the petitioners shall be at liberty to move for bail further.ratio¶37
The Superintendent of Police, Lakhisarai is directed to produce all the witnesses for evidence and take all necessary steps for conclusion of the trial within the specified period of time.ratio¶40

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), 19-03-2025: Regular bail applications in Piri Bazar P.S. Case No.162 of 2021 (Lakhisarai), registered under Sections 147, 148, 149, 448 and 364 IPC read with Section 27 of the Arms Act and Sections 16, 18, 20 and 23 of the U.A.P. Act, 1967, arising from the alleged kidnapping of the informant's son by 10-15 unknown armed persons said to be members of a Maoist organisation. Petitioners not named in the FIR; the victim's Section 164 Cr.P.C. statement was stated to refer to 15-20 unidentified persons; prosecution sanction recorded as received against the petitioner of the first case; antecedents of four cases (on bail in three) and six pending cases (on bail in all); in custody since 06.08.2022 and 25.06.2023 respectively; District and Sessions Judge-I's letter dated 27.01.2025 indicated the trial was likely to conclude within 10 months. Held: on the present facts and circumstances regular bail was not granted and both applications were rejected; the petitioners may renew their bail pleas if the trial is not concluded within 10 months; the Superintendent of Police, Lakhisarai was directed to produce all witnesses and ensure conclusion of the trial within the specified period.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47276 of 2024

Arising Out of PS. Case No.-162 Year-2021 Thana- PIRI BAZAR District- Lakhisarai

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

Nakul Koda @ Lalu Koda S/o Bhola Kora @ Bhola Koda R/o vill - Baramasiya Manjhla Tola, P.S. - Kajra, Distt. - Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

with CRIMINAL MISCELLANEOUS No. 79850 of 2024

Arising Out of PS. Case No.-162 Year-2021 Thana- PIRI BAZAR District- Lakhisarai

====================================================== Video Koda @ Vinay Koda Son of Rameshwar Koda R/O Vill.- Pasra, Pasra, P.S.- Laraiyatand, District- Munger

... ... Petitioner/s

Versus

The State of Bihar

.. ... Opposite Party/s

====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 47276 of 2024) For the Petitioner/s : Mr. Md Irshad, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, APP (In CRIMINAL MISCELLANEOUS No. 79850 of 2024) For the Petitioner/s : Mr. Ravish Mishra, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, APP

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

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

5 19-03-2025

Heard Learned Counsel for the petitioners and

Learned APP for the State.

The petitioners seek regular bail in connection with Piri Bazar P.S. Case No.162 of 2021 lodged under Sections 147, 148, 149, 448 and 364 of the IPC. read with Section 27 of the Arms Act read with Section 16, 18, 20 and 23 of the U.A.P. Act, 1967.

As per the prosecution, the FIR has been lodged

Patna High Court CR. MISC. No.47276 of 2024(5) dt.19-03-2025 2/4

against 10-15 unknown persons who are alleged to be member of Maoist Organisation. The allegation against those armed accused persons that they have entered in the house of the informant and kidnapped his son.

Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioners are not named in the F.I.R. He further submits that the alleged kidnapped son of the informant has been recovered on the next morning of the occurrence.

Counsel further submits that the other co-accused persons have been granted bail by this Court which is Annexure2 series of both the bail petition. He further submits that no material has been found against them save and except, they have been indicated as member of naxal organisation.

Learned Counsel also submits that the petitioner of 1^st case is in custody since 06.08.2022 and petitioner of second case is in custody since 25.06.2023 and their antecedents are not clean. There are 4 criminal antecedents against the petitioner of first case in which he is on bail in 3 cases whereas the petitioner of second case have 6 criminal cases pending against him in which he is on bail in all cases.

Counsel further submits that case diary and

Patna High Court CR. MISC. No.47276 of 2024(5) dt.19-03-2025 3/4

statement of the victim under section 164 of the Cr.P.C. as well as progress report of the trial have been called for.

Learned APP for the State opposes the prayer for bail and submits that it is a case in which U.A.P. Act has been added and antecedents of the petitioners are not clean. He further submits that against petitioner of first case, prosecution sanction has been received. He further submits that by the statement under section 164 of the Cr.P.C., 15-20 persons have been made accused and it has also come that they have caught the informant’s son and kidnapped him, but their names have not been disclosed by him.

Counsel further submits that that progress of the trial has been demanded which has been received vide letter dated 27.01.2025, the District and Sessions Judge-I has clearly stated that the trial is likely to be concluded within 10 months.

In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioners, therefore the bail application of the petitioners is hereby rejected.

It is made clear that if the trial shall not be concluded within 10 months, then the petitioners shall be at liberty to move for bail further.

However, the Superintendent of Police, Lakhisarai

Patna High Court CR. MISC. No.47276 of 2024(5) dt.19-03-2025 4/4

is hereby directed to produce all the witnesses for evidence and take all the necessary steps for conclusion of the trial within the specified period of time.

(Dr. Anshuman, J.)

Prakashmani/-

U T