Patna High Court
Ashok Kora @ Bhaglu KoraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.
Summary
The petitioner, Ashok Kora, sought bail in a case involving multiple serious offences under the IPC, Arms Act, Explosive Substances Act, Railway Act and U.A.P. Act, for which he had been in custody since March 2025. The petitioner argued that he was falsely implicated, his name having been added to the FIR solely on the basis of a co‑accused’s confessional statement and that no material was recovered from his possession. The prosecution opposed bail, noting a similar pending case against the petitioner. The Court observed that the evidence against the petitioner was weak, relying only on the co‑accused’s confession, and that no incriminating material was found in his custody. Consequently, the Court ordered his release on bail with a Rs.10,000 bond and two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The bail order was directed to be implemented without delay for verification of the petitioner’s criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences alleged.
- Whether a confessional statement of a co‑accused is sufficient basis to sustain the accusation against the petitioner.
- Whether the petitioner’s prior similar case impacts the grant of bail.
Legislation cited
- Arms Act — s. 27
- Explosive Substances Act — s. 3
- Indian Penal Code — s. 120, 147, 148, 149, 302, 307, 427
- Railway Act — s. 150, 151, 152
- U.A.P. Act, 1967 — s. 16, 18(B), 20
Subjects
- bail
- criminal procedure
- confessional statement
- evidence
- anticipatory bail
- regular bail
- IPC
- Arms Act
- Explosive Substances Act
- Railway Act
- UAP Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30967 of 2026
Arising Out of PS. Case No.-33 Year-2013 Thana- CHANAN District- Lakhisarai
======================================================
Ashok Kora @ Bhaglu Kora Son of Mangar Kora Resident of Village
-Hanuman Asthan P.S. -Piri Bazar District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and Mr. Anant Kumar 1, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
03.03.2025, in connection with Chanan P.S. Case No. 33 of
2013, F.I.R. dated 14.06.2013 registered for the offences
punishable under Sections 147, 148, 149, 302, 307, 427, 120 of
the Indian Penal Code, Section 27 of the Arms Act, Section ¾ of
Explosive Substance Act, Sections 150, 151, 152 of Railway Act
and Sections 16/18(B)/20 of the U.A.P. Act, 1967.
3. The F.I.R. has been lodged against 100 unknown
extremists who continuously firing in the train and when the
train left Jamui they saw that their Jawan were killed and
snatched their rifle and injured the Guard also.
4. Learned counsel for the petitioner submits that the
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petitioner is innocent and he has been falsely implicated in the
present case. Initially, the petitioner was not named in the F.I.R.
and the name of the petitioner has been transpired on the basis
of confessional statement of co-accused person, namely,
Birendra Kora and except the aforesaid, nothing cogent material
has come during investigation to suggest the involvement of the
petitioner in the present occurrence. He further submits that co-
accused person, namely, Gopal Yadav has been granted the
privilege of anticipatory bail by a Coordinate Bench of this
Court vide order dated 06.04.2018 passed in Cr. Misc. No.
12462 of 2018, another co-accused person, namely, Dhanraj
Kora @ Fulo Kora has been granted regular bail by a
Coordinate Bench of this Court vide order dated 31.01.2020
passed in Cr. Misc. No. 75833 of 2019, another co-accused
person, namely, Mithu Koda has been granted regular bail by
this Court vide order dated 18.09.2023 passed in Cr. Misc. No.
34530 of 2023, another co-accused person, namely, Lochan
Manjhi has been granted regular bail by this Court vide order
dated 21.08.2023 passed in Cr. Misc. No. 52373 of 2023
respectively. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 03.03.2025.
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5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
of similar nature..
6. Considering the facts and circumstances of the case
and the fact that the name of the petitioner has been transpired
on the basis of confessional statement of co-accused person and
nothing has been recovered from the conscious possession of
the petitioner as well as custody, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Railway Judicial Magistrate,
Kiul (Lakhisarai) in connection with Chanan P.S. Case No. 33
of 2013, subject to the following conditions :-
(1) 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 absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
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(3) 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
criminal antecedents, 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)
Ibrar//-
U T
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