Patna High Court
Sitaram KoraversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
The petitioner, Sitaram Kora, was arrested in connection with a 2021 FIR alleging multiple offences under the Indian Penal Code and the U.A.P. Act, including rioting, assault, and arson. He contended that the FIR was fabricated, that no specific allegation linked him to the crime, and that other co‑accused had already been granted bail. The State opposed bail, arguing only suspicion existed and noting the petitioner’s pending excise case. The Court noted the lack of material connecting the petitioner to the offence, the precedent of bail to similarly situated co‑accused, and the petitioner’s claim of innocence. Consequently, the Court ordered his release on bail with a Rs.10,000 bond, two sureties, and conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner in the absence of specific incriminating material and given the precedent of bail to co‑accused.
Legislation cited
- Indian Penal Code — s. 120B, 147, 148, 149, 307, 323, 341, 385, 387, 427, 436
Subjects
- bail
- criminal procedure
- Indian Penal Code
- U.A.P. Act
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54466 of 2025
Arising Out of PS. Case No.-79 Year-2021 Thana- KAJRA District- Lakhisarai
======================================================
Sitaram Kora S/O Haklu Kora R/O Vill.- Kachhua, P.S.- Chanan, Dist.-
Lakhisarai.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the State : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-01-2026 Heard Mr. Mukesh Kumar, learned counsel for the
petitioner and Ms. Suman Kumari Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
29.05.2025, in connection with Kajra P.S. Case No. 79 of 2021,
F.I.R. dated 26.08.2021 registered for the offences punishable
under Sections 147, 148, 149, 341, 323, 307, 427, 436, 385,
387, 120B of the Indian Penal Code and Section 16/17/18/20 of
U.A.P. Act.
3. As per the prosecution case, it is alleged that on
26.08.2021, 48 F.I.R. named accused persons as well as 10-12
unknown accused persons assaulted the labours, who were
engaged in the construction work of road near Imaliya Kol and
set the tempo on fire. All the accused persons identified as
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members of the Nexalite organization.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. Learned counsel
for the petitioner further submits that although the petitioner is
named in the F.I.R. but there is no specific allegation against the
petitioner which remotely connect the petitioner with the other
co-accused persons and even nothing has come during
investigation to suggest the involvement of the petitioner in the
present occurrence and the F.I.R. has been constituted only
mechanical manner against 48 accused persons including the
petitioner. He further submits that co-accused person namely
Pappu Kumar against whom the similar allegation has been
granted bail by this Court vide order dated 11.07.2023 passed in
Cr. Misc. No. 9778 of 2023, another co-accused person namely
Bhikhan Kora @ Mantu Kora has been granted bail by this
Court vide order dated 02.05.2023 passed in Cr. Misc. No. 5438
of 2023, another co-accused person namely Mangal Koda has
been granted bail by a Coordinate Bench of this C ourt vide
order dated 21.02.2023 passed in Cr. Misc. No. 62944 of 2022
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respectively. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 29.05.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that except the suspicion, no other
material has come during investigation to suggest the
involvement of the petitioner in the present occurrence and
petitioner carries one more case of Excise matter other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that the petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that the similarly situated co-accused persons have
been granted bail by this Court or by a Coordinate bench of this
Court as well as no material has come during investigation
against the petitioner, 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 Chief Judicial Magistrate, Lakhisarai in
connection with Kajra P.S. Case No. 79 of 2021, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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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.
(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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