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Patna High Court

Sohail @ Sohil AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with a cash bond and specific conditions.

Summary

The petitioner, Sohail Alam, was arrested on 1 November 2025 in connection with FIR No. 102 of 2025 alleging participation in a violent incident involving 29 persons and multiple offences under the Indian Penal Code. He sought bail, claiming innocence and that the FIR contains a generic allegation against all accused and a specific allegation only against him and another co‑accused, Alauddin, who had already been granted bail. The State opposed bail, arguing the petitioner’s involvement in the crime and noting a pending case against him. The Court noted that co‑accused had been released on bail or anticipatory bail and, after considering the circumstances, granted bail to the petitioner subject to a cash bond and several conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the IPC.
  • Whether the grant of bail to co‑accused influences the bail decision for the petitioner.
  • Whether the petitioner’s alleged criminal antecedents justify denial of bail.

Legislation cited

  • Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 118(2), 191(3), 303(2), 352, 74, 76

Subjects

  • bail
  • Indian Penal Code
  • criminal procedure
  • co‑accused bail
  • anticipatory bail
  • conditions of bail
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22081 of 2026
                  Arising Out of PS. Case No.-102 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Sohail @ Sohil Alam S/o Alimuddin R/o Village - Khari Basti, Bangama,
                 Ward No. 10, P.S- Bahadurganj, District - Kishanganj

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Diwakar Sinha, Advocate
                 For the State           :       Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-04-2026                     Heard Mr. Diwakar Sinha, learned counsel for the

                   petitioner and Mr. Raj Ballabh Singh, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   01.11.2025, in connection with Bahadurganj P.S. Case No. 102

                   of 2025, F.I.R. dated 03.03.2025 registered for the offences

                   punishable under Sections 191(3), 109, 115(2), 117(2), 118(1),

                   118(2), 352, 74, 303(2), 76 of the B.N.S.

                                 3. The allegation in the F.I.R. is that as many as 29

                   persons came variously armed and had indulged in abuses and

                   assaulted the informant and his family members.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   that due to some petty dispute the present occurrence had taken
Patna High Court CR. MISC. No.22081 of 2026(2) dt.10-04-2026
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          place and there is case and counter case between the parties and

          the present F.I.R. instituted against 29 persons including the

          petitioner. It appears from the F.I.R. that F.I.R. is in two parts, in

          first part, there is general and omnibus allegation against all the

          accused persons including the petitioner and in second part,

          there is specific allegation against the petitioner that he along

          with Alauddin @ Alabuddin have assaulted to the father of the

          informant, namely, Amaluddin and he has received injury and

          the injury is grievous in nature.                Learned counsel for the

          petitioner submits that for the same set of allegation co-accused

          person, namely, Alauddin @ Alabuddin has been granted bail

          by a Coordinate Bench of this Court vide order dated

          18.02.2026 passed in Cr. Misc. No. 11749 of 2026, other co-

          accused persons, namely, Taslim, Almas @ Almas Alam @

          Alams Alam and Mazid Khan have been granted the privilege

          of anticipatory bail by this Court vide order dated 11.08.2025

          passed in Cr. Misc. No. 48592 of 2025. He further submits that

          the police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 01.11.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                  bail of the

          petitioner and submits that the petitioner has participated in the
Patna High Court CR. MISC. No.22081 of 2026(2) dt.10-04-2026
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          present crime in question and petitioner carries one more case

          other than the present one but the same was instituted after the

          present case.

                       6. Considering the facts and circumstances of the

          case, 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 amount each to the satisfaction of

          learned Chief Judicial Magistrate, Kishanganj in connection

          with Bahadurganj P.S. Case No. 102 of 2025, subject to the

          following conditions :-

                       (1) Petitioner 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 his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers 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 petitioner and in case at

          any stage, it is found that the petitioner has concealed his

          criminal antecedents, the court below shall take step for
               Patna High Court CR. MISC. No.22081 of 2026(2) dt.10-04-2026
                                                           4/4




                         cancellation of bail bond of the petitioner.             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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