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Patna High Court

Md. Rizvi @ Raja @ Md. RijviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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