Patna High Court
Masid @ Md. MasidversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the seriousness of the murder and related charges rendered the case unfit for such relief.
Summary
The petitioners, a group of ten villagers, applied for anticipatory bail fearing arrest in a criminal case (PS 225 of 2025) concerning the murder of Md Azam and related offences. The charge sheet lists offences under several sections of the Bharatiya Nyaya Sanhita, including murder, attempt to murder, and offences against public tranquillity, as well as Section 27 of the Arms Act. The factual allegation is that the petitioners were part of a mob that killed the deceased while attempting to capture land. The court examined whether the seriousness of the allegations precluded the grant of anticipatory bail. It held that the nature of the case, involving homicide and multiple serious offences, made it unsuitable for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted in a case involving murder and other serious offences under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 352
Subjects
- anticipatory bail
- murder
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- mob violence
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20933 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- BHARGAMA District- Araria
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1. Masid @ Md. Masid Son of Late Kamrul R/O village Akarthapa, Ward No.
8, P. S.- Bhargama, Dist-Araria
2. Samsher Son of Late Sahadat R/O village Akarthapa, Ward No. 8, P. S.-
Bhargama, Dist-Araria
3. Mister Son of Late Sahadat R/O village Akarthapa, Ward No. 8, P. S.-
Bhargama, Dist-Araria
4. Shakib Son of Sabir R/O village Akarthapa, Ward No. 8, P. S.- Bhargama,
Dist-Araria
5. Sharik Son of Sabir R/O village Akarthapa, Ward No. 8, P. S.- Bhargama,
Dist-Araria
6. Attaullah @ Nago Son of Late Bakrid R/O village Akarthapa, Ward No. 8, P.
S.- Bhargama, Dist-Araria
7. Mazahar Son of Late Hadis R/O village Akarthapa, Ward No. 8, P. S.-
Bhargama, Dist-Araria
8. Farmud Son of Mainuddin R/O village Akarthapa, Ward No. 8, P. S.-
Bhargama, Dist-Araria
9. Rashid Son of Late Sahadat R/O village Akarthapa, Ward No. 8, P. S.-
Bhargama, Dist-Araria
10. Abdullah Son of Late Bakrid R/O village Akarthapa, Ward No. 8, P. S.-
Bhargama, Dist-Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the State : Mr.Tarun Prasad Mandal, Advocate
For the Informant : Mr. Navjot Yushu, Advocate
Mr. Abhishek Kumar Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend arrest in connection with
Patna High Court CR. MISC. No.20933 of 2026(2) dt.30-04-2026
2/2
Bhargama P.S. Case No. 225 of 2025 registered for the offence
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 109, 103(1), 303(2), 352 of the Bharatiya Nyaya Sanhita
and Section 27 of the Arms Act.
3. The petitioners and others are accused of killing the
deceased. There is specific allegation of giving a fatal blow
against one Md. Azam. The petitioners are the member of the
mob and they were trying to capture the land.
4. Considering the nature of allegation, the present is
not a fit case for grant of anticipatory bail to the petitioners.
5. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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