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Patna High Court

Indradeo Rajvanshi @ Indradeo RamversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to petitioners 2, 4 and 5 but denied it to petitioner 1, and dismissed the application of petitioner 3 as infructuous.

Summary

The petitioners, members of the Rajvanshi family, applied for anticipatory bail in a criminal case alleging assault and alleged witchcraft accusations arising from a land dispute. The FIR alleged that the petitioners entered a house armed with iron rods and assaulted several persons, including grievous injury to Sunita Devi. The petitioners argued that the case was false and stemmed from a land dispute, and that only two victims sustained injuries. The court noted the existence of a prior land dispute and the unclear nature of injuries to some victims, and consequently granted anticipatory bail to petitioners 2, 4 and 5, imposing bail conditions. The application for petitioner 1 was dismissed because he was found to have assaulted Sunita Devi causing grievous injury, and the application for petitioner 3 was dismissed as infructuous after his arrest.

Issues considered

  • Whether anticipatory bail should be granted to the accused under the inherent powers of the court (Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023) in view of the alleged offences under the Bhartiya Nyaya Sanhita, 2023 and the Prohibition of Witch Practices Act, 1999.
  • Whether the seriousness of the alleged assault and the nature of injuries justify denial of anticipatory bail.
  • Whether the existence of a land dispute and alleged false implication affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • inherent jurisdiction
  • Section 482
  • Bhartiya Nyaya Sanhita
  • Prohibition of Witch Practices Act
  • assault
  • grievous injury
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9352 of 2026
                    Arising Out of PS. Case No.-378 Year-2025 Thana- NEMDARGANJ District- Nawada
                 ======================================================
           1.     Indradeo Rajvanshi @ Indradeo Ram S/O Late Sukan Rajbanshi Resident of
                  Village- Jamalichak, P.S- Nemdarganj, Distt.- Nawada.
           2.    Rahul Rajvanshi @ Rahul Kumar S/O Indradeo Rajvanshi @ Indradeo Ram
                 Resident of Village- Jamalichak, P.S- Nemdarganj, Distt.- Nawada.
           3.    Santosh Rajvanshi S/O Buidhan Rajvanshi Resident of Village- Jamalichak,
                 P.S- Nemdarganj, Distt.- Nawada.
           4.    Sunny Rajvanshi @ Shani Deval Kumar S/O Indradeo Rajvanshi @
                 Indradeo Ram Resident of Village- Jamalichak, P.S- Nemdarganj, Distt.-
                 Nawada.
           5.    Dharamveer Rajvanshi S/O Tirashi Rajvanshi Resident of Village-
                 Jamalichak, P.S- Nemdarganj, Distt.- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Ranjan Kumar
                 For the Opposite Party/s :      Ms.Renu Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   12-03-2026         1.   Learned Counsel for the petitioners informs that the

                            petitioner no. 3, Santosh Rajvanshi, has been arrested by

                            the police during the pendency of this application and this

                            application, so far as petitioner no. 3 is concerned, has

                            become infructuous.

                       2.   Accordingly, this application, so far as petitioner no. 3, is

                            concerned, is dismissed as having become infructuous.

                       3.   This application will now survive only for petitioner nos.

                            1, 2, 4 and 5.
Patna High Court CR. MISC. No.9352 of 2026(2) dt.12-03-2026
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              4.   Heard learned Counsel for the petitioner nos. 1, 2, 4 and 5

                   and learned Additional Public Prosecutor for the State.

              5.   This application, for grant of anticipatory bail, arises out

                   of Nemdarganj Police Station Case No. 378 of 2025,

                   dated 21.10.2025, disclosing offences punishable under

                   Sections 126(2)/115(2)/109/352/351(1)/329(4)/3(5) of the

                   Bhartiya Nyaya Sanhita, 2023 and Sections 3/4 of the

                   Prohibition of Witch Practices Act, 1999.

              6.   The prosecution case, as per the First Information Report,

                   is that on 21.10.2025, at about 2 PM, while the informant

                   was in her house, the accused persons, including the

                   petitioners, armed with iron rods, entered into house and

                   started abusing her assuming her to be a witch. Co-

                   accused Karu Rajbanshi assaulted the informant by iron

                   rod on her hands, due to which she sustained injury.

                   When the other family members of the informant reached

                   there to save the informant, the petitioner no. 2 assaulted

                   Piyush Kumar on his neck and head. The petitioner no. 1

                   assaulted the daughter-in-law of the informant by iron rod

                   on her head. The petitioner nos. 4 and 5 assaulted Prince

                   Kumar on his neck.

              7.   Learned Counsel for the petitioner nos. 1, 2, 4 and 5
Patna High Court CR. MISC. No.9352 of 2026(2) dt.12-03-2026
                                            3/4




                   submits that the petitioners have falsely been implicated

                   in this case due to land dispute between the parties. He

                   further submits that there is case and counter case

                   between the parties inasmuch as the wife of petitioner no.

                   1 has lodged Nemdarganj Police Station Case No. 379 of

                   2025. He further submits that only two persons have

                   received injury. The opinion of the injuries sustained by

                   the victims Piyush Kumar and Prince Kumar are reserved

                   and so far as the injuries received by Sunita Devi is

                   concerned, one of the injuries are grievous in nature,

                   which is fracture of left hand and that is non-vital part of

                   the body.

              8.   Regards being had to the submissions advanced on behalf

                   of the parties and taking into consideration the fact that

                   there is previous land dispute between the parties, case

                   and counter case is also there and the injuries sustained by

                   the victims Prince Kumar and Piyush Kumar is not clear,

                   I am inclined to grant the petitioner nos. 2, 4 and 5

                   privilege of anticipatory bail.

              9.   This application, so far as petitioner nos. 2, 4 and 5 are

                   concerned, is allowed.

              10. Let the petitioner nos. 2, 4 and 5, above named, in the
            Patna High Court CR. MISC. No.9352 of 2026(2) dt.12-03-2026
                                                        4/4




                              event of their arrest or surrender before the Court below

                              within a period of four weeks from today, be released on

                              bail on furnishing bail bonds of Rs. 10,000/- (ten

                              thousand) each with two sureties of the like amount each

                              to the satisfaction of learned 1st Additional Chief Judicial

                              Magistrate, Nawada, in connection with Nemdarganj

                              Police Station Case No. 378 of 2025, subject to the

                              condition laid down under Section 482 (2) of the

                              Bharatiya Nagarik Suraksha Sanhita, 2023.

                          11.So far as petitioner no. 1 is concerned, he has assaulted

                              Sunita Devi and the injuries sustained by Sunita Devi is

                              grievous in nature, I am not inclined to grant him

                              privilege of anticipatory bail.

                          12. This application, so far as petitioner no. 1 is concerned, is

                              dismissed.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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