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Patna High Court

Mustak Ali @ Mustak SaiphyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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