Patna High Court
Sohail Azam @ Sohel Azam @ Michel Ansari @ Sohail AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Sohail Azam, was implicated in a 2017 FIR alleging participation in arson, looting and other offences under multiple sections of the Indian Penal Code. He claimed innocence, arguing that the FIR contained only general and omnibus allegations without specific details of his involvement, and that he had a prior criminal antecedent. The State opposed his bail application. The Court considered the nature of the allegations and the provisions of Section 482(2) of the BNSS, and ordered that the petitioner be released on bail upon surrender within six weeks, subject to a bond of Rs.10,000 with two sureties and several conditions including regular court appearances and non‑interference with witnesses. The bail was granted despite the serious nature of the charges and the petitioner’s antecedent, provided he complies with the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner despite general and omnibus allegations and a prior criminal antecedent
- Whether the conditions prescribed under Section 482(2) of the BNSS are applicable in this case
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- bail
- general allegation
- omnibus allegation
- Indian Penal Code
- Section 482(2) BNSS
- sureties
- court appearance
- witness tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11881 of 2026
Arising Out of PS. Case No.-167 Year-2017 Thana- HUSSAINGANJ District- Siwan
======================================================
Sohail Azam @ Sohel Azam @ Michel Ansari @ Sohail Alam S/O Late
Ajimulla Ansari Resident of Vill- Mahpur, P.S- Hussainganj, Dist- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Anupam
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. Petitioner apprehends his arrest in connection
with Siwan Hussainganj P.S. Case No.167 of 2017, registered
for the offence punishable under Sections 147, 148, 149, 341,
448, 427, 436, 379, 504, 506 of the Indian Penal Code.
3. As per the FIR, the petitioner and other co-
accused persons, armed with lethal weapons, went to the house
of the informant, set the house on fire, and looted articles.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. She further submits that there are general and omnibus
allegations against the petitioner, and his complicity has not
been specifically indicated in the First Information Report.
Patna High Court CR. MISC. No.11881 of 2026(2) dt.26-02-2026
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Lastly, it is submitted that the petitioner has one criminal
antecedent.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that there is general and
omnibus allegation against the petitioner, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, 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 J.M., Siwan/Successor
Court in connection with Siwan Hussainganj P.S. Case No.167
of 2017, subject to the conditions as laid down under Section
482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
Patna High Court CR. MISC. No.11881 of 2026(2) dt.26-02-2026
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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