Patna High Court
Md. IjrailversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 118(1), 126(2), 3(5), 352
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
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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
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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/-
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