SURESH KORA, SON OF KARMU KORA, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HOME POLICE, PATNA

JUDGEMENT

(1.) The petitioner is an accused in Piri Bazaar P. S. Case No.04 of 2016 registered for the offences punishable under Sections 147, 148, 149, 332, 333, 353, 307, 302 of the Indian Penal Code as well as Sections 16, 18, 19, 20, 23 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the Act ).

(2.) The allegation against the petitioner in the FIR is that on 30th of Jan., 2016, information was given by the informant Navin Kumar that at Lathia Kol Hill, the dreaded terrorist Arjun Koda and Arbind Koda along with 20-25 armed persons have assembled. They are planning to attack the policy party. In a combing operation, the informant reached the hiding places at around 12 at Noon starting at 7 A.M.. They saw one person, who ran after seeing the police party. He was apprehended and was in the process of investigation when alarm was raised in the Lathiakol village. In the meantime, a crowd of hundreds of people along with bow and arrow, axe, Lathi etc. started coming towards the police. Children and women were placed in front and thereafter there were Naxalites armed with weapons, who were raising slogans. Such crowd attacked the police party. The said crowd was successful in getting free Lalan Koda. Arjun Koda, Arbind Yadav, Suresh Koda and other Naxalites started firing on the police with intent to kill and take the arms. One Bhawesh Kumar got a bullet injury and fell down. On firing being ordered, the crowd and the Naxalites went towards forest. The injured was taken to the hospital where he was declared dead.

(3.) The petitioner was taken in judicial custody on 1st of Feb., 2016. He sought compulsive bail in terms of Sec. 167(2) of the Code of Criminal Procedure on 10th of May, 2016 on the ground that the charge-sheet has not been put up before the Court within 90 days. The learned Trial Court passed an order on the same day at 11.50 A.M. allowing the bail to the petitioner but at 12:30 P.M. before the petitioner could be released, an application was filed by the Investigating Officer for extension of time to submit charge-sheet in terms of the provisions of the Act which grants 180 days time for submission of the charge-sheet if sufficient cause is shown to the Court. It is on the said application, the Court passed an order granting 15 days more time to the Investigating Officer to file charge-sheet. Admittedly, the charge-sheet has since been filed within the time so granted.