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Patna High Court

Karelal Koda @ Pyarelal KodaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail as the FIR and case diary do not disclose any specific prima facie allegation against him.

Summary

Karelal Koda was arrested in connection with a Naxalite incident where a large group allegedly fired on police. The FIR named 45 persons, including Koda, under IPC sections 147, 148, 149, 353, 307, the Arms Act section 27 and several Uttar Pradesh Act provisions. Koda filed a second petition for regular bail, contending that the FIR contains only a general, omnibus allegation against him and no specific prima facie evidence of his participation. The State opposed bail, but the court observed that the case diary likewise failed to disclose any specific charge against the petitioner. Considering the lack of material incriminating him and the fact that co‑accused had been granted bail in similar cases, the court deemed it fit to release Koda on regular bail with conditions. The order directed the petitioner to furnish bail bonds and sureties and imposed standard bail conditions.

Issues considered

  • Whether a petitioner can be granted regular bail when the FIR contains only a general allegation and no specific prima facie evidence of his participation.
  • Whether the absence of specific charges against the petitioner justifies the grant of bail despite the seriousness of the offences alleged.

Legislation cited

Subjects

  • regular bail
  • Naxalite
  • general allegation
  • IPC offences
  • Arms Act
  • U.P. Act
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90156 of 2025
                        Arising Out of PS. Case No.-31 Year-2018 Thana- KAJRA District- Lakhisarai
                 ======================================================
                 Karelal Koda @ Pyarelal Koda S/o Dina Kora @ Dani Kora R/o Village -
                 Kanimoh, P.S - Bannu Bagicha, District - Lakhisarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Bijay Kumar Pandey, Advocate
                                                    Mr.Mukesh Kumar, Advocate
                 For the Opposite Party/s :         Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

5   24-04-2026              Heard the learned counsel for the petitioner

                   and the learned A.P.P. for the State.

                   2.       The present petition is by way of second

                   attempt at the behest of the petitioner for grant of

                   regular bail in connection with Kajra P.S. Case No.

                   31 of 2018, registered for the offences punishable

                   under Sections 147, 148, 149, 353 and 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.       The informant who is Sub-Inspector of Police

                   received a secret information that 70 persons who

                   belong to Naxal groups and 11 persons who are

                   their supporters, have assembled at one place and
Patna High Court CR. MISC. No.90156 of 2025(5) dt.24-04-2026
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          were firing gun shots and raising slogan against the

          police. Thereafter, the informant alongwith the

          police force reached at the place of occurrence,

          however the accused persons had resorted to firing

          upon the police force and, in the meantime, they

          fled away in the dense forest.                       The FIR has been

          registered against 45 named persons and the name

          of the petitioner is at serial no. 41.

          4.      The learned counsel for the petitioner submits

          that     the      petitioner         is    innocent     and   he   has

          committed no offence as also a general and

          omnibus allegation has been levelled in the FIR,

          however no specific allegation has been levelled

          qua the petitioner herein. It is submitted that the

          petitioner is though accused in 10 other criminal

          cases, however he is on bail in 8 of them,

          nonetheless the fact remains that just on account of

          being implicated in one case pertaining to Naxalite

          activities, he has been repeatedly implicated in

          other similar type of cases. The petitioner is stated

          to be languishing in custody since 28.01.2024.

          Lastly, it is submitted that most of the similarly

          situated co-accused persons have been granted
Patna High Court CR. MISC. No.90156 of 2025(5) dt.24-04-2026
                                            3/4




          bail by co-ordinate Benches of this Court, vide

          orders dated 06.02.2019, 17.08.2019, 06.03.2019,

          04.06.2019,              15.07.2019,                 29.05.2019   and

          19.06.2019 passed in Criminal Misc. No. 1606 of

          2019, Criminal Misc. No. 34152 of 2019, Criminal

          Misc. No. 13533 of 2019, Criminal Misc. No. 20208

          of 2019, Criminal Misc. No. 36876 of 2019, Criminal

          Misc. No. 21394 of 2019 and Criminal Misc. No.

          36898 of 2019.

          5.      Per contra, though the learned A.P.P. for the

          State has vehemently opposed the prayer of the

          petitioner for grant of regular bail, however it has

          been submitted by referring to the case dairy that a

          general and omnibus allegation has been levelled

          against the petitioner and no specific allegation is

          prima facie decipherable from the records to

          suggest that the petitioner had also engaged in

          firing gun shots upon the police force.

          6.      Having regard to the facts and circumstances

          of the case and considering the materials available

          on record including those available in the case

          dairy, I deem it fit and proper to admit the

          petitioner to the privilege of regular bail.
             Patna High Court CR. MISC. No.90156 of 2025(5) dt.24-04-2026
                                                         4/4




                       7.      Accordingly, the petitioner, above named, is

                       directed to be released on bail on furnishing bail

                       bonds 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 Kajra P.S. Case No. 31 of 2018,

                       subject to the following conditions:

                                    (I) Bailors should be local having sufficient
                                    immovable property within the jurisdiction
                                    of the court concerned.
                                    (II) Petitioner shall co-operate in the trial
                                    and shall be properly represented on each
                                    and every date so fixed by the court, the
                                    petitioner shall remain physically present
                                    as directed by Court and in the event of his
                                    absence on two consecutive dates without
                                    sufficient reasons, his bail bond shall be
                                    cancelled by the court below.
                                    (III) If the petitioner tampers with the
                                    evidence or the witnesses of the case, in
                                    that case, the prosecution will be at liberty
                                    to move for cancellation of bail of the
                                    petitioner.


                                                    (Mohit Kumar Shah, J)
S.Sb/-

U        T


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