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2025 DAILYLAW 3896 (PAT)

Prakash Kora @ Prakash @ Prakash Manjhi v. The State of Bihar

CR. MISC./90375/2025 · 2026-02-20

Arun Kumar Jha

body2025

Judgment text

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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 2/3 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 3/3 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. Ashish/- (Arun Kumar Jha, J) U T