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Patna High Court

Sanjay KoraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to a bail bond and conditions.

Summary

The petitioner, Sanjay Kora, was arrested in connection with a case registered under sections 121A and 120B of the IPC, sections 25(1‑B)a, 26(i) and 35 of the Arms Act, and sections 18(B), 19 and 20 of the Unlawful Activities (Prevention) Act. The prosecution’s case is based solely on the statement of a co‑accused who alleged that the petitioner was part of a Maoist committee and had supplied arms, while no incriminating article was recovered from the petitioner’s possession. The petitioner, who has been in custody since 5 June 2025 and has no prior criminal record, applied for regular bail, undertaking cooperation with the investigation. The State opposed the bail on the seriousness of the offences. After hearing both sides, the Court noted the absence of material evidence against the petitioner and the length of his pre‑trial detention, and ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions for cancellation. The order also allows the prosecution to move for bail cancellation if the petitioner is found to have a criminal antecedent or obstructs the trial.

Issues considered

  • Whether regular bail can be granted in a case involving offences under sections 121A, 120B IPC, the Arms Act and UAPA where the only evidence against the petitioner is a co‑accused’s statement.
  • Whether the absence of any incriminating article recovered from the petitioner’s possession warrants bail despite the gravity of the charges.

Legislation cited

Subjects

  • regular bail
  • IPC 121A
  • IPC 120B
  • Arms Act
  • UAPA
  • terrorism
  • conspiracy
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70564 of 2025
                     Arising Out of PS. Case No.-92 Year-2021 Thana- BARIYARPUR District- Munger
                 ======================================================
                 Sanjay Kora S/O Katiman Kora @ Mariman Kora @ Kariman Kora R/O
                 Village- Satgharba, Bangalwa, P.S.- Lariya Tand, Dist.- Munger

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Kamal Nayan, Advocate
                 For the Opposite Party/s :      Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

7   01-04-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Bariyarpur P.S. Case no.

                   92B of 2021 registered under sections 121A and 120B of the

                   Indian Penal Code, sections 25(1-B)a, 26(i) and 35 of the Arms

                   Act and sections 18(B), 19 and 20 of the Unlawful Activities

                   (Prevention) Act.

                                3. As per the prosecution case, on information having

                   been received and a raid being conducted, Nandan Mandal was

                   arrested and on search being conducted, a country made pistol

                   was recovered from his house. It is further stated that on

                   enquiry, he disclosed the name of other accused persons

                   including the petitioner herein who were said to be involved in

                   the special committee of the Communist Party (Maoist) and
Patna High Court CR. MISC. No.70564 of 2025(7) dt.01-04-2026
                                            2/3




          were said to have supplied the arms to the petitioner.

                       4. Learned counsel for the petitioner submits that from the

          FIR itself, it would transpire that no incriminating article has been

          recovered from the petitioner’s possession and the only material

          against him is the statement of the co-accused made before police.

          The case of the petitioner stands on a similar footing to that of other

          co-accused who have been enlarged on bail vide order enclosed as

          Annexure-2 series. The petitioner is in custody since 5.6.2025 and

          has no criminal antecedent. He undertakes to cooperate in the

          investigation/trial.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the facts and circumstances of the

          case, no incriminating article having been recovered from the

          petitioner’s possession and the petitioner having remained in

          custody since 5.6.2025, the Court directs the petitioner to be

          enlarged on bail in connection with Bariyarpur P.S. Case no. 92B of

          2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of the

          learned Judicial Magistrate 1st Class, Munger on the following

          conditions:
           Patna High Court CR. MISC. No.70564 of 2025(7) dt.01-04-2026
                                                       3/3




                                  (i) If it subsequently transpires that the petitioner has

                     a criminal antecedent, the prosecution will be at liberty to move

                     this Court for cancellation of bail of the petitioner.

                                  (ii) In case the learned Court is of the opinion that the

                     trial is being delayed due to non-cooperation on the part of the

                     petitioner, the learned trial Court will be at liberty to cancel the

                     bail bond of the petitioner and take him into custody till

                     conclusion of the trial.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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