Patna High Court
Sanjay KoraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 25(1-B)a, 26(i), 35
- Indian Penal Code — s. 120B, 121A
- Unlawful Activities (Prevention) Act — s. 18(B), 19, 20
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
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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
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(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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