Patna High Court
Karelal Koda @ Pyarelal KodaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that there were no grounds to review the earlier order and the application is dismissed.
Summary
Karelal Koda, alleged Naxal, was arrested in connection with a 2018 case (PS Kajra No.11) involving violent assault on police, firing, and injury to a constable. He faces charges under IPC sections 147, 148, 149, 353, 307, Arms Act section 27 and several provisions of the Uttar Pradesh Act. The petitioner, already in custody since 28‑08‑2024 and with nine other serious cases pending, applied for regular bail for the second time after a prior bail denial on 23‑04‑2025. The State opposed bail, emphasizing the gravity of the offences and the petitioner’s alleged Naxal affiliation. The Patna High Court, noting the nature of the allegations and the lack of any new material, declined to revisit its earlier order and dismissed the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and his alleged Naxal involvement
- Whether the earlier bail denial can be reviewed on a second application
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 353
Subjects
- bail
- Naxalism
- IPC offences
- Arms Act
- Uttar Pradesh Act
- high court
- regular bail
- cognizance
- review
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90154 of 2025
Arising Out of PS. Case No.-11 Year-2018 Thana- KAJRA District- Lakhisarai
======================================================
Karelal Koda @ Pyarelal Koda S/O Dina Koda R/O Vill.- Kanimoh,P.S-Kajra
(Bannu Bagicha),Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar
For the Opposite Party/s : Mr. Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Lakhisarai Kajra P.S.
Case No. 11 of 2018 registered for the offence punishable under
Sections 147, 148, 149, 353, 307 of the Indian Penal Code;
Section 27 of the Arms Act and Sections 16, 17, 18, 20 and 23
of U.A.P. Act.
3. Earlier the bail application of the petitioner was
rejected on 23.04.2025 in Cr. Misc. No. 21184 of 2025 which
reads as follows:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Lakhisarai P.S. Case No. 11 of 2018 registered for
the offence punishable under Sections 147, 148, 149,
Patna High Court CR. MISC. No.90154 of 2025(2) dt.12-02-2026
2/2
353, 307 of the Indian Penal Code; Section 27 of the
Arms Act and Sections 16, 17, 18, 20 and 23 of U.A.P.
Act.
3. As per the allegation, 43 named accused
persons including the petitioner as also 40-45 unknown
persons alleged to be naxals by the police, had
assembled for commission of offence, according to the
information received by the police. The further
allegation is that there were firing and cross-firing, as a
result, one Constable got injured by the bullet injury.
4. The petitioner is a naxal. The naxals have
firedupon the police and injuries have been caused to
the police party. The petitioner is in custody since
28.08.2024. Nine serious and similar cases are pending
against the petitioner.
5. Learned APP appearing for the State
opposes the prayer for regular bail of the petitioner.
6. Considering the nature of allegation
levelled against the petitioner, I am not inclined to grant
bail to the petitioner.
7. Accordingly, the application stands
dismissed.
4. The case has proceeded at the stage of cognizance.
This Court finds no ground to review its earlier order.
Accordingly, this application for regular bail is hereby rejected.
(Sandeep Kumar, J)
Shishir/-
U
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