Patna High Court
Saidullah Mian @ Sipahi Mian @ Saidlaru MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, given the mob nature of the incident and the simple nature of injuries, anticipatory bail may be granted subject to conditions.
Summary
The petitioner, Saidullah Mian, sought anticipatory bail fearing arrest in a case (Majhauliya PS No.523 of 2025) involving communal violence during a Lord Mahavir procession, where 20 persons were injured and the FIR named 30 individuals with details and 20 unknown persons. The FIR alleged offences under sections 191(2), 192, 190, 299, 126(2), 115(2), 109(1) and 352 of the B.N.S, 2023. The State opposed bail, arguing the acts were serious, intended to outrage religious beliefs, and caused multiple injuries. The Court observed that the incident involved a mob, making it difficult to assign specific roles, and that the injuries were simple, indicating no serious intent to cause harm. Consequently, the Court granted anticipatory bail to the petitioners, subject to a Rs.10,000 bond, two sureties, a family member as a bailor, and cooperation with the investigation, with provision for cancellation on non‑cooperation.
Issues considered
- Whether anticipatory bail should be granted to the accused in a communal clash FIR involving multiple offences.
- Whether the seriousness of the alleged offences and the number of injuries preclude the grant of bail.
- Whether the mob nature of the incident affects the attribution of individual culpability for the purpose of bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 192, 299, 352, 482(2)
Subjects
- anticipatory bail
- communal violence
- mob mentality
- FIR
- simple injuries
- bail conditions
- religious outrage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74290 of 2025
Arising Out of PS. Case No.-523 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Saidullah Mian @ Sipahi Mian @ Saidlaru Mian S/o- Ibrahim Mian Village-
Parsa Dumariya PS- Majhauliya Distt- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Narain Sinha, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-02-2026 1. Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehend his arrest in connection
with Majhauliya P.S. Case no.523 of 2025 registered under
sections 191(2), 192, 190, 299, 126(2), 115(2), 109(1) and 352
of the B.N.S, 2023.
3. The allegations in the F.I.R is that people of one
community attacked the other community when they were to
take out the procession of Lord Mahavir on the following day
and in course of the same as many as twenty persons got
injured.
4. Learned counsel for the petitioner submits that as
many as 30 persons have been named in the F.I.R along with
their age and parentage and 20 unknown persons are said to
Patna High Court CR. MISC. No.74290 of 2025(4) dt.23-02-2026
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have indulged in the attack. She has further submitted that the
occurrence is said to have taken place a day prior to taking out
the procession in the evening itself and it is not possible for the
informant to have named 30 persons along with their age and
parentage which shows the same has been done with some mala
fide. It has also been submitted that there was some rivalry
between the members of the two communities and 20 persons
are said to have injured in the occurrence and the injury of 13
persons has been incorporated during course of investigation,
which are simple in nature. The petitioner undertake to co-
operate in case/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State as also the learned counsel for the
informant on the ground that as many as 13 persons got injured
in the attack made by the members of a particular community
and such act was done in order to outrage the religious beliefs of
other community. The allegations are thus, serious and grave in
nature.
6.Taking into consideration the facts and
circumstances of the case and also considering the fact that the
entire mob has been made accused in this case and it is difficult
to attribute any specific role to any person, the injuries sustained
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by the persons are simple in nature which is possible due to
some altercation between the parties and also considering the
factum of mob mentality without any serious intention of
causing injuries, it is directed that the petitioners, above named,
in the event of their arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with Majhauliya P.S. Case no.523 of 2025 on
each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/Successor Court subject to the condition laid down
under Section 482(2) of the B.N.S.S, 2023 and subject to the
further conditions:-
(I) One of the bailors of the petitioner shall be the
family member/close relative of the petitioner.
(II) They shall co-operate in the investigation/trial
and in case of non-cooperation, the informant would be at
liberty to file cancellation of his bail bonds.
(Sandeep Kumar, J)
tusharika/-
U T
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