Indradeo Rajvanshi @ Indradeo Ram v. The State Of Bihar

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 VillageJamalichak, 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 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.

2/4

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. Coaccused 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

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

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 √