Patna High Court
Mustak Ali @ Mustak SaiphyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail to the petitioners is denied.
Summary
The petitioners, Mustak Ali and Ashraph Ali, sought anticipatory bail fearing arrest in a case alleging they participated in a mob attack on a Hanuman temple, a nearby hotel and tempo, and threatened a local resident. They argued that the FIR contains only a general, omnibus allegation, that they have no criminal antecedents, and that a compromise has been reached between the parties. The State opposed bail, contending the alleged acts constitute serious organized crime and terror, and that the petitioners were part of the mob. The Patna High Court, without delving into whether the incident amounts to organized crime or terror, declined to grant anticipatory bail. However, the Court allowed the petitioners to surrender to the trial court within four weeks, directing that the trial court decide any bail application on its merits on the same day of surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged mob violence.
- Whether the nature of the alleged offences constitutes organized crime or terror warranting denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 190, 192(2), 196, 298, 305, 324(4), 326(G), 351(2), 352
Subjects
- anticipatory bail
- mob violence
- organized crime
- terror
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36074 of 2026
Arising Out of PS. Case No.-18 Year-2025 Thana- Haraiya District- East Champaran
======================================================
1. Mustak Ali @ Mustak Saiphy S/o Mustaph Saiphy R/o Village - Badaprewa,
Ward no. 1, P.S. - Hariya, Dist - East Champaran.
2. Ashraph Ali @ Asraph Saiphy S/o Sattar Saiphy @ Mohammad Satar R/o
Village - Badaprewa, Ward no. 1, P.S. - Hariya, Dist - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioners and
learned A.P.P for the State.
3. The petitioners are apprehending arrest in
connection with Haraiya P.S. Case No. 18 of 2025 lodged on
14.02.2025, for the offence punishable under Sections 192(2),
190, 298, 196, 305, 324(4) 352, 326(G) & 351(2) of the
Bharatiya Nyaya Sanhita, 2023, pending in the Court of Sub-
Divisional Judicial Magistrate, Motihari, East Champaran.
4. As per the prosecution, FIR has been lodged against
ten named accused persons and three dozen unknown persons
Patna High Court CR. MISC. No.36074 of 2026(2) dt.01-06-2026
2/3
with allegation that all the accused persons surrounded the
hanuman temple and pelted the temple with stones and also
attacked the nearby hotel and tempo with bricks and stones. It
has also been alleged that the accused persons have also hurled
abuses and threatened M.M. Singh’s house, pelting stones and
threatened to kill him.
5. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence. He
submits that there is no specific allegation against anyone,
rather, there is a general and omnibus allegation. He further
submits that due to intervention of the well-wishers of both
parties, they have entered into compromise and petition has
been filed before the S.D.J.M. which is Annexure-P/2. He
further submits that the petitioners have no criminal antecedent.
6. Learned APP for the State vehemently opposes the
prayer for bail and submits that the allegation made against the
petitioners and other accused persons are serious in nature and
as a member of mob, they have attacked on a particular locality
and also abused and threatened for further consequences. He
further submits that the offence under which the case has to be
lodged, has not been lodged by the Police. It is a type of
organized crime with a view to create terror in the locality.
Patna High Court CR. MISC. No.36074 of 2026(2) dt.01-06-2026
3/3
7. This Court without entering into the merit on this
point raised by the State that whether it is an organized crime or
a terror action, not inclined to grant anticipatory bail to the
petitioners. Accordingly, the prayer for anticipatory bail of the
petitioners stand rejected.
8. However, liberty is granted to the petitioners that if
they surrenders before the concerned Trial Court within a period
of 4 weeks from today then in that case, the Trial Court is
directed to pass order on their surrender-cum-bail application on
the same day, without being prejudice that the anticipatory bail
of the petitioners has been rejected by this Court and the Trial
Court shall pass order on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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