Created by Fuzzy Cloud

Patna High Court

Md. IjrailversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court denied anticipatory bail to petitioner No.6 but granted anticipatory bail to petitioners 1‑5 subject to bond and sureties.

Summary

The petitioners, six individuals, applied for anticipatory bail in connection with a FIR alleging offences under the Bharatiya Nyaya Sanhita, 2023 and the Prevention of Witch (Daain) Practices Act. The prosecution alleged that the accused, armed, assaulted the informant, with petitioner No.6, Md. Riyaj, allegedly striking her on the head with a tengari causing injury. The petitioners contended that the allegations were false, they had no criminal antecedent, and they would cooperate with the investigation. The court, after hearing counsel, refused anticipatory bail to petitioner No.6, directing him to surrender within four weeks, but granted anticipatory bail to petitioners 1‑5 on condition of a bail bond and sureties. The order reflects a differentiated approach based on the seriousness of the alleged assault and the lack of prior records of the other petitioners.

Issues considered

  • Whether anticipatory bail should be granted to petitioner No.6 (Md. Riyaj) for alleged assault causing injury.
  • Whether anticipatory bail should be granted to petitioners 1‑5 given the general nature of allegations and their clean record.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bharatiya Nyaya Sanhita
  • Prevention of Witch Practices Act
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4415 of 2026
                     Arising Out of PS. Case No.-64 Year-2025 Thana- LAUKAHA District- Madhubani
                 ======================================================
           1.     Md. Ijrail Son of Late Md. Jhameli
           2.    Hamida Khatun Wife of Md. Ijrail
           3.    Md. Akhtar @ Md. Aktar Son of Md. Ijrail
           4.    Rahvari Khatun Wife of Md. Akhtar @ Md. Aktar
           5.    Nabisa Khatun @ Navisa Khatun D/o Md. Ijrail
                 All above are resident of Village- Nahri, P.S.- Laukaha, District- Madhubani
           6.    Md. Riyaj @ Md. Riyj Son of Md. Kaila Resident of Village- Taphanpur,
                 P.S.- Khutauna, District- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramchandra Jha Raman, Advocate
                 For the Opposite Party/s :      Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   22-04-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioners in this application pray for bail

                   apprehending their arrest in connection with Laukaha P.S. Case

                   no.64 of 2025 registered for the offence punishable under

                   sections 126(2), 115(2), 118(1), 110, 352 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and under sections 3 and 4 of

                   the Prevention of Witch (Daain) Practices Act.

                                    3. As per the prosecution case, the informant states

                   that the accused persons ie the petitioners herein came variously

                   armed and started to abuse and assault her with lathi, danda
Patna High Court CR. MISC. No.4415 of 2026(3) dt.22-04-2026
                                            2/3




          slaps etc. It is further stated that Md. Riyaj (petitioner no.6)

          assaulted the informant with a tengari on her head causing

          serious injuries. She was taken to the hospital for treatment.

                          4. Learned counsel for the petitioners submits that

          the petitioners have been falsely implicated in the case. No such

          occurrence as alleged in the FIR has taken place. The allegations

          are false and concocted. Even as per the injury report, the

          alleged injury has been found to be simple in nature. The

          petitioners have no criminal antecedent and undertake to

          cooperate in the investigation/trial.

                        5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegation of assault against Md.

          Riyaj (petitioner no.6) with a tengari on the head of the

          informant with the corresponding injuries having been found,

          though simple in nature, the Court is not inclined to enlarge the

          petitioner no.6 on anticipatory bail and the application is

          rejected.

                       7. The petitioner no.6 is directed to surrender in the

          learned Court below within a period of four weeks.

                       8. In view of the facts and circumstances of the case,
            Patna High Court CR. MISC. No.4415 of 2026(3) dt.22-04-2026
                                                        3/3




                      the allegations against the other petitioners being general and

                      omnibus in nature together with the petitioners not having any

                      criminal antecedent, it is directed that the petitioner nos.1, 2, 3,

                      4 and 5, 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 Laukaha P.S.

                      Case no.64 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 Sub Divisional

                      Judicial Magistrate, Jhanjharpur, District Madhubani.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.