Patna High Court
Anwar AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Anwar Ali was charged in Sonpur P.S. Case No. 533 of 2025 for assault and related offences under several sections of the Bharatiya Nagrik Suraksha Sanhita. He sought bail, arguing that the FIR was filed two days after the alleged incident without a satisfactory explanation and that the medical report showed only minor injuries. The State opposed bail, contending that the petitioner actively participated in a brutal assault. The court considered the delay in filing the FIR, the minor nature of the injuries, and the petitioner's clean antecedent, and decided to grant bail subject to conditions. Bail was ordered on the condition of a Rs.10,000 bond, two sureties of equal amount, and that one bailor be a close family member, under Section 482(2) of the BNS.
Issues considered
- Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita considering the seriousness of the alleged offences, delay in filing the FIR, and the nature of injuries.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- assault
- delay in FIR
- injury
- antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2728 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- SONEPUR District- Saran
======================================================
Anwar Ali S/O Imamuddin R/O Village- Bharpura, P.S.-Sonpur, District-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Sonpur P.S. Case No. 533 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 303(2), 109,
352, 351(2) and 3(5) of the BNS.
3. On the fateful day, the petitioner along with three
other persons are said to have entered into the house of the
informant and started abusing and assaulting. It is specifically
alleged that this petitioner along with co-accused Akhtar Ali
attacked the informant by means of iron rod and stick due to
which he sustained serious injury. There is further allegation
against other accused persons of causing assault and snatching
valuables.
Patna High Court CR. MISC. No.2728 of 2026(2) dt.04-02-2026
2/3
4. Learned Advocate for the petitioner submitted that
as per the FIR the alleged occurrence took place in the
morning of 31.05.2025 but the present FIR came to be instituted
on 02.06.2025 but there is no plausible explanation for delay.
The entire case falls to the ground for the simple reason that the
doctor in course of examination found no visible injury, except
the pain in lower abdomen and backache to the informant and
thus has opined the injury as simple. There is counter version of
the present case being Sonpur P.S. Case No. 534 of 2025
instituted against the informant and others. The petitioner is a
man of fair antecedent and he undertakes that he will fully
cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
petitioner has actively participated in the crime and brutally
assaulted the informant.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the factum of case and counter case, coupled with the simple
injury as well as the fair antecedent, let the petitioner
abovenamed be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
Patna High Court CR. MISC. No.2728 of 2026(2) dt.04-02-2026
3/3
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Saran at Chapra in connection with
Sonpur P.S. Case No. 533 of 2025, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023, with the further condition that one of the bailors
shall be the own/close family members of the petitioner.
(Harish Kumar, J)
Anjani/-
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