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Patna High Court

Anwar AliversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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                       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/-

U      T


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