Patna High Court
Md. Soji @ Md. Souzim @ Soji @ SojimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
The petitioner, Md. Soji, was arrested in connection with a case registered under Sections 147, 149, 341, 323, 325, 307 and later 302 of the Indian Penal Code. He had earlier applied for bail but was denied because he had been in custody for only about a month, whereas co‑accused who had been detained for over six months were released on bail. By the time of the present application he had been in custody for more than seven months, a charge‑sheet had been filed, and he claimed to have no prior criminal record. The State opposed bail, citing the seriousness of the offences. The Court noted that similarly situated co‑accused had been granted bail, that the petitioner had no antecedents and had spent a considerable period in custody, and therefore allowed the bail application subject to a Rs 10,000 bond, two sureties and several conditions.
Issues considered
- Whether bail can be granted to an accused of offences under Sections 147, 149, 341, 323, 325, 307 and 302 of the IPC after prolonged pre‑trial detention
- Whether the absence of prior criminal antecedents and the fact that co‑accused were released on bail justify granting bail in the present case
- Whether the conditions imposed by the Court are sufficient to ensure that the investigation and trial are not hampered
Legislation cited
- Indian Penal Code — s. 147, 149, 302, 307, 323, 325, 341
Subjects
- bail
- Indian Penal Code
- pre‑trial detention
- criminal antecedent
- charge sheet
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8632 of 2026
Arising Out of PS. Case No.-157 Year-2024 Thana- BIHPUR District- Bhagalpur
======================================================
Md. Soji @ Md. Souzim @ Soji @ Sojim, S/o- Md. Isro @ Md. Irafil,
Village- Balaha, P.S.- Bhawanipur, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate.
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bihpur
P.S. Case No. 157 of 2024 registered for the offences punishable
under Sections 147, 149, 341, 323, 325, 307 of the Indian Penal
Code. Subsequently, Section 302 of the Indian Penal Code was
added.
3. Learned counsel for the petitioner had moved
similar application earlier vide Cr. Misc. No. 54239 of 2025
which was rejected by this Court vide order dated 12.08.2025,
distinguishing the case of the petitioner with other co-accused
who were already enlarged on regular bail, pointing out that the
period of custody of the petitioner was only about a month,
whereas the similarly situated co-accused persons were enlarged
Patna High Court CR. MISC. No.8632 of 2026(2) dt.06-02-2026
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on bail after more than six months in custody.
4. Learned counsel for the petitioner submits that now
the petitioner has also spent about more than seven months in
custody and charge sheet has been also submitted.
5. He further submits that the petitioner has been
languishing in jail since 07.07.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the fact that similarly situated co-
accused persons have been enlarged on regular bail by a co-
ordinate Bench of this Court and the petitioner has no criminal
antecedent, this application is allowed, directing the petitioner,
above-named, to be enlarged on bail on his furnishing bail
bonds in the sum of Rs.10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
court below concerned in connection with Sessions Trial No.
995 of 2025 arising out of Bihpur P.S. Case No. 157 of 2024 on
the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
Patna High Court CR. MISC. No.8632 of 2026(2) dt.06-02-2026
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(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
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