Patna High Court
Sohail @ Sohil AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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
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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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