Patna High Court
JamshedversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the petitioners were members of a mob that committed murder and related offences.
Summary
The petitioners, a group of villagers, filed an anticipatory bail application fearing arrest in a case (PS Bhargama Case No. 225 of 2025) alleging their participation in a mob that killed Md. Azam while attempting to capture land. The charge sheet includes offences 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. The State opposed the bail, and the informant’s counsel also appeared. Justice Sandeep Kumar observed that the petitioners were active members of the mob and were involved in a violent land‑capture attempt, rendering them unsuitable for anticipatory bail. Consequently, the court dismissed the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of murder and other offences arising from a mob attack
- Whether the nature of the alleged offences and the petitioners' participation in a mob preclude the grant of anticipatory bail
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
- murder
- land dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23480 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- BHARGAMA District- Araria
======================================================
1. Jamshed S/o Late Shahadat Resident of village- Akarthapa, ward no. 8, P.S.-
Bhargama, Dist.- Araria
2. Abdur Rahman @ Lalo @ Md. Rahman S/o Late Shahadat Resident of
village- Akarthapa, ward no. 8, P.S.- Bhargama, Dist.- Araria
3. Sabir S/o Late Hasruddin Resident of village- Akarthapa, ward no. 8, P.S.-
Bhargama, Dist.- Araria
4. Bakib S/o Sabir Resident of village- Akarthapa, ward no. 8, P.S.- Bhargama,
Dist.- Araria
5. Toukir S/o Late Imaruddin Resident of village- Akarthapa, ward no. 8, P.S.-
Bhargama, Dist.- Araria
6. Jainuddin S/o Atabul Resident of village- Akarthapa, ward no. 8, P.S.-
Bhargama, Dist.- Araria
7. Arafat S/o Atabul Resident of village- Akarthapa, ward no. 8, P.S.-
Bhargama, Dist.- Araria
8. Rahim S/o Late Hadis Resident of village- Akarthapa, ward no. 8, P.S.-
Bhargama, Dist.- Araria
9. Imtiyaz S/o Late Hadis Resident of 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.Krishna Pd. Singh, Sr. Advocate
Mr.Ramesh Kumar Singh, Advocate
For the State : Mr.Nand Kishore Prasad, 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 petitioners; learned A.P.P. for the State and
learned counsel for the informant.
2. The petitioners apprehend arrest in connection
Patna High Court CR. MISC. No.23480 of 2026(3) dt.08-05-2026
2/2
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 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. I have heard and considered the submissions of
the parties, since the petitioners were the member of mob
and were trying to capture the land, I am not inclined to
grant anticipatory bail to the petitioners.
5. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
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