Patna High Court
CR. MISC./56267/2026 of Md. Mustakin Mian @ Md. Mustkim Ansari Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56267 of 2026 Arising Out of PS. Case No.-8 Year-2026 Thana- PARSATHUA District- Rohtas ====================================================== 1. Md. Mustakin Mian @ Md. Mustkim Ansari Son of Late Jahur Mian Resident of Village- Shekh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56267 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- PARSATHUA District- Rohtas
======================================================
1.
Md. Mustakin Mian @ Md. Mustkim Ansari Son of Late Jahur Mian Resident of Village- Shekh Bahuara, P.S.- Parsathua, District- Rohtas.
2.
Md. Shahban Mian Son of Md. Mustakin Mian @ Md. Mustkim Ansari Resident of Village- Shekh Bahuara, P.S.- Parsathua, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Ajay Kumar Tiwari, Advocate
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
17-08-2026 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 303(2), 324(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. Informant, who is chairman of Wakf Karnda, Mosque, Pond, etc., alleges that these petitioners forcibly demolished boundary walls of the pond, situated in front of his house and stole the bricks, which is property of the committee. It is further alleged that informant and other members of the committee are also being threatened by these petitioners.
4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.56267 of 2026(2) dt.17-08-2026
petitioners are innocent and have committed no offence. As a matter of fact, the pond in question bearing C.S. Plot No. 164 & 165 is not a Wakf property and since time immemorial, it is being used by common people of the village for washing clothes, cultivation, etc. and the same is registered in Khatiyan as Anabad Sarv Sadharan. In fact, petitioners and others filed Title Suit No. 118 of 1985 against Muzaffar Hussain @ Kalu Sheikh, family of informant and the aforesaid case was compromised vide Annexure-P/2 and now, informant is trying to grab the land in question and lodged this false and concocted case against petitioners and others. The case involves a civil dispute and for settling a civil dispute, this criminal case has been filed.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Patna High Court CR. MISC. No.56267 of 2026(2) dt.17-08-2026
Judicial Magistrate, Rohtas at Sasaram in connection with Parsathua P. S. Case No. 08 of 2026, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Navya/- (Prabhat Kumar Singh, J) U T