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Patna High Court

Arvind KodaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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