Patna High Court
Sohrab Ali @ Md. Sohrab AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Sohrab Ali, was accused of assaulting an 11‑year‑old boy, the son of an informant, by beating, running him over with a motorcycle and burning him with the silencer. The FIR was lodged two days after the alleged incident and the informant was not an eyewitness. The petitioner argued that the injuries were minor, caused by hot water, and that the FIR was filed out of a mango‑plucking dispute, seeking pre‑arrest bail. The State opposed bail, emphasizing the seriousness of assaulting a minor. The Court noted the delay in filing the FIR, the lack of eyewitness testimony, and the simple nature of injuries, and consequently ordered that the petitioner be released on bail if arrested, subject to a bond of Rs.10,000 with two sureties and a family member as one bailor, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, thereby disposing of the bail petition.
Issues considered
- Whether the delay in lodging the FIR and absence of eyewitness testimony justify granting pre‑arrest bail.
- Whether the nature and severity of injuries and the alleged motive affect bail eligibility.
- Whether Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 can be invoked to grant bail in this case.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 352, 482(2)
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 75
Subjects
- bail
- pre‑arrest bail
- assault
- minor
- FIR delay
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- Juvenile Justice Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43998 of 2026
Arising Out of PS. Case No.-93 Year-2026 Thana- BARARI District- Katihar
======================================================
Sohrab Ali @ Md. Sohrab Ali Son of Haji Mohammad Resident of Village -
Sirkiatta/ Sirkatta, P.S.- Barari, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Adv.
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Barari P.S. Case No. 93 of 2026, registered for the offences
punishable under Sections 126(2), 115(2), 117(2), 109 and 352
of the BNS, 2023 and Section 75 of the Juvenile Justice Act,
2015.
3. On the given date and time of occurrence, while the
son of the informant, aged about 11 years, went for playing in
the mango orchard of the petitioner, he was brutally assaulted by
the petitioner and also dashed by the motorcycle and burnt by
silencer of the motorcycle.
4. Learned Advocate for the petitioner submitted that
the alleged occurrence took place on 14.04.2026 at about 01:00
PM, but the present FIR came to be instituted on 16.04.2026,
Patna High Court CR. MISC. No.43998 of 2026(2) dt.08-07-2026
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after a delay of two days, without assigning any explanation for
delay. The entire prosecution case falls to the ground for the
simple reason that the injury report clearly suggest the burning
wound on account of hot water. Moreover, all the injuries are
found to be simple in nature. The petitioner submitted that since
there was a dispute with regard to plucking of mango, therefore,
the present FIR has been instituted to wreck vengeance and put
pressure. The petitioner, subsequent to the institution of this
FIR, also made accused in one-another case, however, prior to
the institution of the present case, the petitioner had absolutely
clean antecedent.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submitted that
serious allegation has been levelled against the petitioner of
causing assault to a minor boy of the informant.
6. Regard being had to the submissions made on
behalf of the parties and considering the fact that the informant
was not an eyewitness to the alleged occurrence, coupled with
the delay in lodging of the FIR, as also the simple nature of
injuries, let the petitioner above named be released on bail, in
the event of his arrest or surrender before the court below within
a period of four weeks from the date of receipt/production of a
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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 Additional Chief Judicial Magistrate-
I, I/C, Katihar in connection with Barari P.S. Case No. 93 of
2026, 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)
shivank/-
U T
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