Patna High Court
Mustafa @ Gulam MustafaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and sureties under Section 438(2) CrPC.
Summary
The petitioner, Mustafa @ Gulam Mustafa, was implicated in a FIR alleging arson and related offences under several IPC sections for allegedly setting fire to an informant's house and property. He contended that the allegations were false, arising from a land dispute, and that no cattle or sheds were actually burnt. The petitioner sought anticipatory bail, citing that co-accused had previously been granted bail in a similar case. The State opposed the bail application. The Court examined the facts, the seriousness of the allegations, and the petitioner’s claim of false implication, and decided to grant anticipatory bail subject to a bond of Rs.10,000 and two sureties, under Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations of arson and related offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- arson
- false implication
- land dispute
- IPC offences
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6421 of 2026
Arising Out of PS. Case No.-52 Year-2023 Thana- TERHAGACHH District- Kishanganj
======================================================
Mustafa @ Gulam Mustafa S/O Late Jamaluddin R/O Vill.- Gamharia
Madanpur, Thana- Terhagachh, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner apprehends his arrest in connection with
Tedhagachh P.S. Case No. 52 of 2023, registered for the offences
punishable under Sections 147, 148, 149, 426, 427, 435, 436, 504,
506, 120(B) of IPC.
3. The prosecution case in brief is that on 29.07.2023 at
about 5:30 p.m., the FIR named accused persons, including the
petitioner along with some unknown persons, threw bricks and petrol
on six houses of the informant. They set fire to the informant’s
residential house and cattle sheds, and also damaged the fields and
crops.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated. The
Patna High Court CR. MISC. No.6421 of 2026(2) dt.06-02-2026
2/2
informant’s side had encroached the land belonging to the Karwala
and when the petitioner protested, the informant has falsely
implicated him in the present case. No cattle or cattle shed was found
burnt which shows that the allegation is false and frivolous. He has
also submitted that on exactly similar footing, other co-accused
persons have been granted anticipatory bail by this Court vide order
dated 07.02.2024 in Cr. Misc. No. 3198 of 2024.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner, in the event of his arrest or
surrender within four weeks before the learned court below, be
released on anticipatory bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Kishanganj in
connection with Tedhagachh P.S. Case No. 52 of 2023, subject to the
conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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