Patna High Court
Prakash Kora @ Prakash @ Prakash ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted as there is no incriminating material against the petitioner and he possesses a clean antecedent.
Summary
Petitioner Prakash Kora was arrested in connection with a 2019 case alleging violations of the Arms Act and the Unlawful Activities (Prevention) Act, based primarily on the confession of a co-accused who named him as a Naxalite. The petitioner contended that no incriminating material was recovered from him, he was not apprehended at the scene, and he has a clean antecedent, having been in custody since August 2025. The State opposed bail, citing the serious nature of the offences. The court examined the lack of direct evidence against the petitioner, the reliance on a co-accused’s statement, and the petitioner’s clean record, and consequently ordered his release on bail with specified conditions. The bail order required a bond of Rs.10,000 with two sureties and compliance with conditions under Section 480(3) of the Bail and Security of the State Act.
Issues considered
- Whether bail should be granted to the petitioner despite allegations under the Arms Act and UAPA.
- Whether the confession of a co-accused provides sufficient basis for continued detention.
- Whether the absence of material evidence and the petitioner’s clean antecedent justify bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26(i), 26(ii), 35
- Bail and Security of the State Act — s. 480(3)
- Unlawful Activities (Prevention) Act — s. 18, 20, 22, 23
Subjects
- bail
- Arms Act
- UAPA
- Naxalite
- criminal procedure
- co-accused confession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90375 of 2025
Arising Out of PS. Case No.-36 Year-2019 Thana- LADAIYATAR District- Munger
======================================================
Prakash Kora @ Prakash @ Prakash Manjhi S/o Late Sorai Kora R/o Village -
Musahari Tand, P.S - Barhat, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Ladaiyatar P.S. Case No. 36A of 2019
registered for the alleged offences under Sections 25(1-b)a, 26(i)
(ii) and 35 of the Arms Act and Section 18, 20, 22 and 23 of
UAPA Act.
03. As per prosecution case, on receiving information
about assembly of naxalites, a police party comprising of
different agencies, conducted thr raid at the identified place. The
naxalites fled away taking advantage of darkness and one co-
accused Gorelal was apprehended carrying a gun loaded with
two 12 bore cartridges and a polythene containing 14 live
cartridge of 12 bore along with pamphlets with naxalite slogan
Patna High Court CR. MISC. No.90375 of 2025(3) dt.20-02-2026
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etc. This apprehended co-accused named this petitioner as one
of the naxalites who fled away from the spot.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. From the FIR, it is apparent that the petitioner was not
apprehended from the spot and nothing incriminating has been
recovered from his person or possession. Therefore, none of the
offences as mentioned in the FIR is made out against the
petitioner. The implication of the petitioner is only on suspicion
on the basis of confessional statement of co-accused having no
legal sanctity. Till date, no material has come up against the
petitioner to support the allegation. The petitioner was, in fact,
even not knowing about lodging of the case and for this reason,
he could not come before this Court earlier. The petitioner has
got clean antecedent and is in custody since 05.08.2025.
Charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of materials collected against the petitioner and further
considering the period of custody of the petitioner and his clean
Patna High Court CR. MISC. No.90375 of 2025(3) dt.20-02-2026
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antecedent along with submission of charge-sheet, the petitioner
above named is directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Munger/court concerned in connection with
Ladaiyatar P.S. Case No. 36A of 2019, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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