Allowed

Ashok Kora v. The State of Bihar

Patna HC18 Oct 2022CR. MISC./25650/2022

Case brief

AI extract

What is this about?

This order grants bail to the petitioner in a case involving offences under IPC, Arms Act, and U.A.P. Act. The court relied on the petitioner's clean antecedents, the fact that similar allegations were made against co-accused who were granted bail, and the alleged procedural violation. Bail is subject to conditions including cooperation and no tampering with evidence.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties, subject to specific conditions regarding attendance and non-tampering.

Ashok Kora Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25650 of 2022

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Arising Out of PS. Case No.-92 Year-2021 Thana- BARIYARPUR District- Munger

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======================================================

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ASHOK KORA S/o Bishwanath Kora Resident of Village/ Muhalla- Raja Sarai, P.S.- Kharagpur, District- Munger.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Sanjiv Kumar Singh For the Opposite Party/s : Mr.Prem Kumar Jha ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 18-10-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Bariarpur P.S. Case No. 92 of 2021 registered for the offences punishable under Sections 121(A), 120(B) of the Indian Penal Code, Sections 25(1-b)a, 26(i), 35 of the Arms Act and Sections 18(B), 19, 20 of the U.A.P. Act.

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As per prosecution case, the police got secret information that in the house of co-accused Nandan Mandal some miscreants have gathered and they are making plan to commit crime. Thereafter, police reached there and the apprehended co-accused Nandan Mandal told that petitioner and

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Patna High Court CR. MISC. No.25650 of 2022(2) dt.18-10-2022 2/3

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others are the member of extremist organization.

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Learned counsel for the petitioner submits that petitioner is in custody since 21.10.2021 and bears no criminal antecedent. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. There is violation of Section 100(4) (5) of the Cr.P.C. He further submits that co-accused Nandan Mandal against whom there is recovery has already been granted bail by the co-ordinate Bench of this court vide Cr. Misc. No. 12950 of 2022 and the case of present petitioner stands on better footing. He further submits that having similar allegation, co-accused Dhaneswar Kora has already been granted bail by this court vide Cr. Misc. No. 40515 of 2022.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, similarly situated co-accused has been granted bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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

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Patna High Court CR. MISC. No.25650 of 2022(2) dt.18-10-2022 3/3

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amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Munger in connection with Bariarpur P.S.

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Case No. 92 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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shahzad/-

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U T

Ashok Kora v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Kora v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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