Sanjay Kora v. The State Of Bihar

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 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