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Patna High Court

Ashok Kora @ Bhaglu KoraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.30967 of 2026(3) dt.08-07-2026
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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.
Patna High Court CR. MISC. No.30967 of 2026(3) dt.08-07-2026
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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.
               Patna High Court CR. MISC. No.30967 of 2026(3) dt.08-07-2026
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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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