Patna High Court
Md. Rizvi @ Raja @ Md. RijviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties, and conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Md. Rizvi, was arrested in connection with a rally where objectionable remarks were allegedly made against the Prime Minister and his mother, leading to charges under multiple sections of the B.N.S., 2023 and Section 67 of the IT Act. The petitioner contended that he was falsely implicated, that no offensive material was found on his seized phone, and that he has a clean antecedent with the chargesheet already filed. The State argued that his actions amounted to treason and posed a threat to public order. The court, considering the petitioner’s clean record, the period of custody, and the submission of the chargesheet, granted bail subject to a bond of Rs.10,000 with two sureties and specific conditions under Section 480(3) of the B.N.S.S. The bail order also imposed attendance requirements and cancellation provisions for non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner despite charges under sections of the B.N.S., 2023 and Section 67 of the IT Act.
- Whether the petitioner’s alleged conduct falls within the ambit of Section 67 of the IT Act.
- Whether the petitioner’s clean antecedent and the filing of the chargesheet justify bail.
Legislation cited
- B.N.S., 2023 — s. 152, 196, 296, 3(5), 352, 353(2), 356(1), 356(2)
- B.N.S.S. — s. 480(3)
- Information Technology Act — s. 67
Subjects
- bail
- sedition
- IT Act
- Section 67
- criminal procedure
- political speech
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84395 of 2025
Arising Out of PS. Case No.-243 Year-2025 Thana- SIMRI District- Darbhanga
======================================================
Md. Rizvi @ Raja @ Md. Rijvi Son of Md. Anish @ Md. Anish Kuraisi,
Resident of Village- Bhapura, Post- Bhawanipura, P.S.- Singhwara, District-
Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Reyaz Ahmad, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Simri P.S. Case No. 243 of 2025 dated
28.08.2025, registered for the offences punishable under
Sections 196, 296, 152, 353(2), 352, 356(1), 356(2) read with
Section 3(5) of the B.N.S., 2023 and Section 67 of the IT Act.
3. As per the prosecution case, objectionable words
were used against the Hon’ble Prime Minister and his deceased
mother in a rally organized by the opposition leaders and this
was made viral by the co-accused. The name of the petitioner
transpired during investigation for being involved in the said
occurrence.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.84395 of 2025(3) dt.11-02-2026
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petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The petitioner was
identified by the chowkidar through the viral video. From the
mobile phone seized from this petitioner, no objectionable
material was found. No other person was investigated or
arrested in this case and the petitioner was made the scapegoat.
The petitioner has not made the video viral and therefore, no
offence under Section 67 of the IT Act is applicable in the
present case. Learned counsel next submits that petitioner is
having clean antecedent and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
29.08.2025.
5. Learned A.P.P. appearing on behalf of the State
vehemently opposes the submissions made on behalf of the
petitioner and submits that the act of the petitioner was to cause
unrest in the country and it amounts to treason.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and further considering the clean antecedent
of the petitioner, his period of custody and submission of
chargesheet, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.84395 of 2025(3) dt.11-02-2026
3/3
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Darbhanga / concerned Court, in connection with
Simri P.S. Case No. 243 of 2025, subject to the condition laid
down under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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