Patna High Court
Indradeo Rajvanshi @ Indradeo RamversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 329(4), 3(5), 351(1), 352
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
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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
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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
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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/-
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