Mustafa @ Gulam Mustafa Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Mustafa @ Gulam Mustafa Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on arrest or surrender within four weeks before the learned court below, on 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, subject to conditions under Section 438(2) Cr.P.C., in connection with Tedhagachh P.S. Case No. 52 of 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Tedhagachh P.S. Case No. 52 of 2023 registered for offences under Sections 147, 148, 149, 426, 427, 435, 436, 504, 506 and 120(B) IPC.

Ratio / Principle

In the event of his arrest or surrender within four weeks before the learned court below, the petitioner shall 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.

Key takeaways

The anticipatory bail grant is subject to the conditions laid down under Section 438(2) Cr.P.C.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Nawneet Kumar Pandey, J; order dated 06-02-2026 in CR. MISC. No.6421 of 2026) allowed the prayer of Mustafa @ Gulam Mustafa, who apprehended arrest in Tedhagachh P.S. Case No. 52 of 2023 (District Kishanganj), registered for offences punishable under Sections 147, 148, 149, 426, 427, 435, 436, 504, 506 and 120(B) IPC. Prosecution alleged that on 29.07.2023 at about 5:30 p.m. FIR-named accused, including the petitioner and unknown persons, threw bricks and petrol on six houses of the informant and set fire to his residential house and cattle sheds. Counsel contended false implication arising from a land-encroachment protest, absence of burnt cattle sheds, and parity of co-accused already granted anticipatory bail vide order dated 07.02.2024 in Cr. Misc. No. 3198 of 2024. On considering the facts and circumstances, the Court directed release in the event of arrest or surrender within four weeks on 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, subject to Section 438(2) Cr.P.C. conditions.

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.

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.

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.

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.

On the other hand, the learned APP for the State has opposed the prayer for bail.

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/-

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