Sitaram Kora v. The State Of Bihar
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 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
2/4 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.
3/4 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
4/4 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