Patna High Court
Musai SorenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Musai Soren and three co‑accused, were arrested on 29 July 2025 in connection with FIR No. 335 of 2025 alleging assault leading to the death of Sabbir Alam. They sought bail, claiming clean antecedents and that the FIR contains only a generic allegation without specific acts attributed to them. The State opposed bail, asserting that the petitioners were named in the FIR and had participated in the crime. The Court noted the absence of specific charges against the petitioners, their clean records, and the lack of concrete evidence linking them to the assault. Consequently, the Court ordered their release on bail of Rs. 10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioners despite being named in the FIR and alleged involvement in the assault
- Whether the lack of specific allegations against the petitioners in the FIR warrants bail
Legislation cited
- B.N.S. — s. 103(1), 126(2), 127(1), 190, 191(1)
Subjects
- bail
- criminal procedure
- FIR
- clean antecedents
- Bihar
- sections 191 190 126 127 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14949 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
1. Musai Soren S/O Late Dhuma Soren R/O Village- Jay Nagar Dubadangi,
ward no. 03, P.S.- Bahadurganj, Dist.- Kishanganj.
2. Ram Soren S/O Musai Soren R/O Village- Jay Nagar Dubadangi, ward no.
03, P.S.- Bahadurganj, Dist.- Kishanganj.
3. Bablu Murmu S/O Simal Murmu R/O Village- Jay Nagar Dubadangi, ward
no. 03, P.S.- Bahadurganj, Dist.- Kishanganj.
4. Sukhlal Soren @ Suklal Soren S/O Sunnil Lal Soren @ Chuni Lal Soren
R/O Village- Jay Nagar Dubadangi, ward no. 03, P.S.- Bahadurganj, Dist.-
Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the State : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-03-2026 Heard Mr. Mritunjay Kumar, learned counsel for the
petitioners and Mr. Ashok Kumar Singh, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
29.07.2025, in connection with Bahadurganj P.S. Case No. 335
of 2025, F.I.R. dated 29.07.2025 registered for the offences
punishable under Sections 191(1), 190, 126(2), 127(1), 103(1)
of B.N.S.
3. Allegation against the petitioner is that they along
with other accused persons have assaulted the husband of the
Patna High Court CR. MISC. No.14949 of 2026(2) dt.09-03-2026
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informant, namely, Sabbir Alam, due to which he sustained
injuries and during course of treatment he died.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have 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
petitioners have not committed any offence as alleged in the
F.I.R. It appears from the F.I.R. itself that informant is not the
eye witness of the alleged occurrence and she has filed the
present F.I.R. on the basis of information furnished by the other
person. From perusal of the F.I.R. it appears that there is no
specific allegation of any assault or overt act attributed against
these petitioners rather there is general and omnibus allegation
against all the accused persons including these petitioners. He
further submits that the police after investigation submitted
chargesheet against the petitioners and the petitioners are in
custody since 29.07.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners and submits that the petitioners are named in the
F.I.R. and they have participated in the present crime in
question.
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6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and
there is no specific allegation against the petitioners in the
F.I.R., let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Additional Sessions Judge-1, Kishanganj in
connection with Bahadurganj P.S. Case No. 335 of 2025, subject
to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper 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 petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
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cancellation of bail bond of the petitioners. 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
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