Video Kora @ Vinay Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52389 of 2023 Arising Out of PS. Case No.-39 Year-2022 Thana- LADAIYATAR District- Munger ====================================================== VIDEO KORA @ VINAY KORA SON OF RAMESHWAR KORA R/OPASRA, P.S.-LARAIYATAND, DISTT.-MUNGER ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 121(A)/122 of the Indian Penal Code, Section 25(1-b)a, 26(ii), 35 of the Arms Act read with Sections 16, 17, 18, 19, 20, 21, 22 of the U.A.P. Act and Section 3, 4 and 5 of the Explosive Substance Act.

3. As per prosecution case, on getting the information that some Naxalites were assembled at Paisra Jungle and in the same the petitioner along with four named accused persons and 10-15 unknown co-accused were also present, the informant along with police party proceeded to

Patna High Court CR. MISC. No.52389 of 2023(4) dt.06-11-2023 2/3 the spot, on seeing the policy party all the accused persons managed to escape from there and on search from cave in the forest, one magazine, two live cartridges and other incriminating articles were recovered.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case only on the basis suspicion and with an ulterior motive. The petitioner has no concern with alleged arms and other articles which were seized by the police or with the other co-accused persons. Neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession. Both the seizure list witness are police personnel which is complete violation of Section 100 of Cr.P.C. The petitioner is languishing in judicial custody since 17.11.2022

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is

Patna High Court CR. MISC. No.52389 of 2023(4) dt.06-11-2023 3/3 directed to be enlarged on bail in connection with Laraiyatand P.S. Case No. 39 of 2022 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 Additional Sessions Judge-II, Munger.

(Sunil Kumar Panwar, J) lata/- U T