Patna High Court
JainuddinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the petitioner was a member of the mob attempting to capture land.
Summary
The petitioner, Jainuddin, sought anticipatory bail after being implicated in a mob killing alleged to have occurred during a land capture attempt. He was charged under multiple provisions of the Bharatiya Nyaya Sanhita, including sections relating to murder, conspiracy, and other offences, as well as Section 27 of the Arms Act. The High Court examined whether the seriousness of the alleged participation in the mob justified denial of bail. The Court noted that the petitioner was a member of the mob and was actively involved in the violent act to seize land. Consequently, the Court found no merit in granting anticipatory bail. The application for anticipatory bail was therefore dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of murder and related offences arising from a mob attack during a land dispute
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
- mob violence
- land dispute
- criminal law
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23020 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- BHARGAMA District- Araria
======================================================
Jainuddin S/o Late Jahruddin R/o Vill- Akarthapa, Ward No. 8, P.S.-
Bhargama, Distt- Araria
... ... Petitioner/s
Versus
1. The state of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Pd. Singh, Sr. Advocate
Mr.Ramesh Kumar Singh, Advocate
For the State : Mr.Tarun Prasad Mandal, APP
For the Informant : Mr.Navjot Yeshu, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 08-05-2026 Heard Mr. Krishna Pd. Singh, learned Senior
Counsel for the petitioner; learned A.P.P. for the State and
learned counsel for the informant.
2. The petitioner apprehends arrest in connection
with 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 petitioner and others are accused of killing
the deceased. There is specific allegation of giving a fatal
blow against one Md. Azam. The petitioner is the member
of the mob and was trying to capture the land.
Patna High Court CR. MISC. No.23020 of 2026(3) dt.08-05-2026
2/2
4. I have heard and considered the submissions of
the parties, since the petitioner was the member of mob and
was trying to capture the land, I am not inclined to grant
anticipatory bail to the petitioner.
5. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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