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Patna High Court

Sonelal Soren @ Sunil SorenversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners, subject to bond, sureties and conditions under Section 482(2) of the BNSS.

Summary

The petitioners, a group of thirteen individuals from Khaira, sought bail after an FIR (Muffasil P.S. Case No.207 of 2025) alleged their involvement in assault, arson, and theft related to a dispute over Makhana farming. The FIR listed several serious offences under the BNS, 2023, but the petitioners argued that the charge sheet contained only specific accusations against other co‑accused, with no direct allegation of injury or participation against them. The State opposed bail, emphasizing the grievous injuries to two victims, the burning of the informant’s house, and the alleged theft of Rs 1 lac. The Court noted the presence of an omnibus accusation, the petitioners’ clean antecedent, and the background of a reciprocal case filed by the informant’s family. Balancing these factors, the Court granted bail subject to a Rs 10,000 bond, two sureties, and compliance with Section 482(2) of the BNSS, requiring a close family member as one bailor.

Issues considered

  • Whether the petitioners are entitled to bail despite the omnibus accusation and the serious nature of the offences alleged under the BNS, 2023.

Legislation cited

Subjects

  • bail
  • omnibus accusation
  • grievous injury
  • arson
  • theft
  • Section 482
  • criminal procedure
  • Bihar
  • Makhana dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91827 of 2025
                 Arising Out of PS. Case No.-207 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
                 ======================================================
           1.     Sonelal Soren @ Sunil Soren S/O Bablu Soren R/O - Khaira, P.S- Muffasil,
                  Distt- Katihar
           2.    Firoz Murmur @ Anu Murmur @ Firoz Murmu @ Anu Murmu S/O- Sadhu
                 Murmu R/O - Khaira, P.S- Muffasil, Distt- Katihar
           3.    Dhanni Soren @ Munshi Soren S/O-Jaddu Soren R/O - Khaira, P.S-
                 Muffasil, Distt- Katihar
           4.    Ganga Soren @ Ganga Ram Soren S/O-Jaylal Soren R/O - Khaira, P.S-
                 Muffasil, Distt- Katihar
           5.    Ramnath Kisku S/O- Tala Kisku R/O - Khaira, P.S- Muffasil, Distt- Katihar
           6.    Talla Soren @ Tallu Soren @ Tala Soren S/O-Chandar Soren R/O - Khaira,
                 P.S- Muffasil, Distt- Katihar
           7.    Bhaddu Soren S/O-Chandar Soren R/O - Khaira, P.S- Muffasil, Distt-
                 Katihar
           8.    Dhanyea Soren @ Surendra Soren @ Dhanai Soren S/O-Bhaddu Soren R/O
                 - Khaira, P.S- Muffasil, Distt- Katihar
           9.    Pradhan Murmur @ Pradhan Murmu S/O- Shiban Murmu R/O - Khaira, P.S-
                 Muffasil, Distt- Katihar
           10. Laacchu Soren @ Bhanjo Soren S/O-Jaddu Soren R/O - Khaira, P.S-
               Muffasil, Distt- Katihar
           11. Ganesh Soren S/O-Chandar Soren R/O - Khaira, P.S- Muffasil, Distt-
               Katihar
           12. Kachri Soren @ Ramlal Soren S/O-Bablu Soren R/O - Khaira, P.S- Muffasil,
               Distt- Katihar
           13. Jhajju Murmur @ Jhajju Murmu @ Chhanju Murmu S/O- Sufal Murmu
               R/O- Khaira, P.S.- Muffasil, Distt.-Katihar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   28-01-2026                     Heard learned Advocate for the petitioners and

                   learned Advocate for the State.
Patna High Court CR. MISC. No.91827 of 2025(2) dt.28-01-2026
                                            2/4




                        2. The petitioners apprehend their arrest in connection

          with Muffasil P.S. Case No.207 of 2025 registered for the

          offences punishable under Sections 191(2), 191(3), 190, 115(2),

          118(1), 117(2), 109, 352, 351(2) and 326(g) of the BNS, 2023.

                        3. Allegation against the petitioners is of causing

          assault to the informant and his brother by means of various

          weapons due to which they sustained grievous injuries. It is

          further alleged that the petitioners along with others also

          damaged the house and set it on fire and took rupees one lac

          stealthily.

                        4. Learned Advocate for the petitioners taking this

          Court through the FIR contended that the FIR has been

          instituted against nineteen named accused persons; however,

          specific accusation has been levelled against co-accused Denu

          Soren, who assaulted the brother of the informant over his head,

          whereupon co-accused Sadhu Murmu assaulted one Madan

          Murmu over his head and Som Soren assaulted one Lakhan

          Murmu by means of sharp cutting weapon over his back. So far

          the petitioners are concerned, there is omnibus allegation of

          participation in the crime, without specific accusation and/or

          any injury has been attributed to them. Reason behind the said

          occurrence is nothing but a dispute with regard to farming of
Patna High Court CR. MISC. No.91827 of 2025(2) dt.28-01-2026
                                            3/4




          Makhana over the pond which resulted into a free fight leading

          to institution of case and counter case bearing Muffasil P.S.

          Case No.206 of 2025 against the informant and his family

          members by co-accused Sadhu Murmu on the earlier point of

          time. The petitioners bear fair antecedent and they undertake

          that they will fully cooperate in the proceedings of the Court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          because of active participation of the petitioners in the crime,

          two persons have sustained grievous injury, besides they have

          also damaged the house of the informant and set it on fire.

                       6. Having considered the submissions advanced by

          the learned Advocate for the respective parties and taking note

          of the omnibus accusation against the petitioners and their fair

          antecedent, coupled with the factum of case and counter case as

          well as the genesis of the dispute, let the above named

          petitioners, be released on bail, in the event of their arrest or

          surrender before the learned Court below within a period of four

          weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of the like amount

          each to the satisfaction of learned C.J.M., Katihar in

          connection with Muffasil P.S. Case No.207 of 2025, subject to
              Patna High Court CR. MISC. No.91827 of 2025(2) dt.28-01-2026
                                                          4/4




                        the condition as laid down under Section 482(2) of the BNSS,

                        with further condition that one of the bailors shall be the

                        own/close family members of the petitioners.



                                                    (Harish Kumar, J)
rohit/-

U         T


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