Patna High Court
Karelal Koda @ Pyarelal KodaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- MOHIT KUMAR SHAH
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 353
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
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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
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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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