Patna High Court
Arvind KodaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to conditions under CrPC Section 438(2) and BNSS 2023 Section 482(2).
Summary
Arvind Koda was implicated in a kidnapping‑for‑ransom case (PS Case No.13 of 2022) involving offences under Sections 364(A)/34 of the IPC, Section 27 of the Arms Act and Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act. The petitioner claimed he had a clean antecedent and was falsely implicated on mere suspicion, noting that co‑accused had been granted anticipatory bail by other benches. The State opposed the bail application. The Court, after noting the petitioner’s clean record, the lack of substantive evidence against him, and the precedent of anticipatory bail to co‑accused, ordered his release on bail subject to a Rs.10,000 bond, two sureties, and conditions under CrPC Section 438(2) and BNSS 2023 Section 482(2). The bail order also imposed obligations to cooperate with the trial, avoid tampering with evidence or witnesses, and disclose any concealed criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences alleged.
- Whether the grant of anticipatory bail to co‑accused influences the bail decision for the petitioner.
- Whether mere suspicion without substantive investigative material justifies denial of bail.
Legislation cited
- Arms Act — s. 27
- Bail and Non‑Surrender of Suspects (BNSS) Act, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 364A
- Unlawful Activities (Prevention) Act — s. 16, 18, 20
Subjects
- bail
- anticipatory bail
- kidnapping
- Naxal
- false implication
- criminal antecedent
- Section 364A
- Arms Act
- UAPA
- CrPC 438
- BNSS 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37745 of 2026
Arising Out of PS. Case No.-13 Year-2022 Thana- CHANAN District- Lakhisarai
======================================================
Arvind Koda Son of Shri Koda Resident of Village - Musahari Tand, Police
Station - Barhat, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-07-2026 Heard Mr.Mukesh Kumar, learned counsel for the
petitioner and Mr.Humayou Ahmad Khan, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Chanan P.S.Case No.13 of 2022,FIR dated
26.01.2022 registered for the offences punishable under
Sections 364(A)/34 of IPC, Section 27 of the Arms Act and
Sections 16,18 and 20 of UAP Act.
3. As per FIR, this is a case of kidnapping/abduction
for ransom and said to have been done by Naxalities. They
entered into the house of Ramji Yadav and also kidnapped his
son Dharmveer Kumar and fired bullets also.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent. He has falsely been implicated
in the present case merely on the basis of suspicion and except
Patna High Court CR. MISC. No.37745 of 2026(2) dt.02-07-2026
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the suspicion, nothing has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence. Further submits that co-accused persons,
namely, Manoj Kora, Mangal Koda and Reeta Devi @ Rani
Devi have been granted privilege of anticipatory bail by
different Coordinate Benches of this Hon’ble Court vide orders
dated 27.03.2023,21.02.2023 and 17.02.2026 passed in Cr.
Misc. Nos.39977 of 2022, 62944 of 2022 and 6262 of 2026
respectively.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, name of the petitioner has been transpired during
investigation on the basis of suspicion and similarly situated co-
accused persons have been granted privilege of anticipatory bail
by different Coordinate Benches of this Hon’ble Court, let the
petitioner, above named, in the event of his arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs.10,000 (Ten 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
Patna High Court CR. MISC. No.37745 of 2026(2) dt.02-07-2026
3/3
No.13 of 2022, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure/ Section
482(2) of BNSS, 2023 and with other following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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