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Patna High Court

JamshedversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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/-

U       T


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