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Patna High Court

Munilal Koda @ Munna KodaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail cannot be granted and dismissed the application.

Summary

The petitioner, Munilal Koda, was charged with offences under the Indian Penal Code, the Arms Act and the Unlawful Activities (Prevention) Act arising from a Naxal encounter at Piri Bazar. He filed a second application for regular bail after an earlier bail plea was rejected by the same court. The court examined the seriousness of the charges, the fact that the charges had already been framed in two Sessions Trials, and the potential threat to public order. Considering the gravity of the offences and the ongoing trial, the court declined to revisit its earlier order. Consequently, the bail application was dismissed and the Superintendent of Police was directed to ensure witness attendance. The order was communicated to the police for compliance.

Issues considered

  • Whether bail should be granted to the petitioner given the seriousness of the offences under IPC, Arms Act and UAPA
  • Whether the earlier denial of bail can be reviewed in a subsequent application
  • Whether the petitioner poses a risk to public order or the trial process

Legislation cited

Subjects

  • bail
  • UAPA
  • Arms Act
  • IPC
  • Naxal
  • high court
  • criminal procedure
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36333 of 2025
                    Arising Out of PS. Case No.-133 Year-2021 Thana- PIRI BAZAR District- Lakhisarai
                 ======================================================
                 Munilal Koda @ Munna Koda S/o- Andu Koda @ Andhu Koda @
                 Nageshwar Koda, Resident of Village- Bankuda, P.O. P.S.- Kajra, District-
                 Lakhisarai.
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Md Irshad, Advocate
                 For the State            :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Piri Bazar P.S.

                   Case No. 133 of 2021 registered for the offence under Section

                   147, 148, 149, 307, 353, 121, 121(A), 124 of the IPC and

                   25(1-b)a, 26, 27, 35 of the Arms Act and 16, 17, 18, 20, 21,

                   22, 23 of Unlawful Activities Prevention Act.

                                 3. Earlier, the bail application of the petitioner has

                   been rejected by this Court vide order dated 02.08.2024

                   passed in Cr. Misc. No. 46970 of 2024, which reads as

                   follows:

                                                 “Heard      the    learned     counsel     for    the
                                    petitioner and learned APP for the State.
Patna High Court CR. MISC. No.36333 of 2025(4) dt.10-02-2026
                                            2/3




                                       2. The petitioner seeks regular bail in the
                          present case registered for the offence under Sections
                          147, 148, 149, 307, 353, 121, 121(A)/124 of the Indian
                          Penal Code, Section 25(1-b)a, 26, 27, 35 of the Arms
                          Act and Section 16, 17, 18, 20, 21, 22, 23 of the
                          Unlawful Activities Prevention Act.
                                       3. As per the F.I.R., when the police got
                          information that some naxals had assembled for
                          committing      crime,     they      reached   the   place   of
                          occurrence, but the accused persons started creating
                          hindrance in discharging the official duty of the police.
                                       4. The naxals started firing and the firing
                          continued for one hour between the naxals and the
                          police party. A large number of ammunition and arms
                          have been recovered.
                                       5. Considering the aforesaid facts and
                          circumstances, I am not inclined to grant bail to the
                          petitioner. This application for regular bail is
                          dismissed.”

                       4. From the report of the learned trial Judge, it

          appears that the charge has been framed in connection with

          Sessions Trial No. 346 of 2023 and Sessions Trial No. 95 of

          2024.

                       5. Considering the gravity of offence and also the

          fact that the charges have been framed, I am not inclined to

          review my earlier order

                       6. Accordingly, this application is dismissed.
             Patna High Court CR. MISC. No.36333 of 2025(4) dt.10-02-2026
                                                         3/3




                                    7. The Superintendent of Police, Lakhisarai is

                       directed to ensure the appearance of the witnesses in the trial

                       so that the trial is not delayed.

                                    8. Let a copy of this order be communicated to the

                       The Superintendent of Police, Lakhisarai forthwith through

                       FAX or e-mail for its compliance.



                                                  (Sandeep Kumar, J)
priyanka/-

U      T


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