Saidullah Mian @ Sipahi Mian @ Saidlaru Mian v. The State Of Bihar
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 VillageParsa 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 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 2/3 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 cooperate 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
Patna High Court CR. MISC. No.74290 of 2025(4) dt.23-02-2026 3/3 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.