Md. Ijrail v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4415 of 2026 Arising Out of PS. Case No.-64 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== 1.
Md. Ijrail Son of Late Md. Jhameli 2.
Hamida Khatun Wife of Md. Ijrail 3.
Md. Akhtar @ Md. Aktar Son of Md. Ijrail 4.
Rahvari Khatun Wife of Md. Akhtar @ Md. Aktar 5.
Nabisa Khatun @ Navisa Khatun D/o Md. Ijrail All above are resident of Village- Nahri, P.S.- Laukaha, District- Madhubani 6.
Md. Riyaj @ Md. Riyj Son of Md. Kaila Resident of Village- Taphanpur, P.S.- Khutauna, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Jha Raman, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-04-2026
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail apprehending their arrest in connection with Laukaha P.S. Case no.64 of 2025 registered for the offence punishable under sections 126(2), 115(2), 118(1), 110, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under sections 3 and 4 of the Prevention of Witch (Daain) Practices Act.
3. As per the prosecution case, the informant states that the accused persons ie the petitioners herein came variously armed and started to abuse and assault her with lathi, danda
Patna High Court CR. MISC. No.4415 of 2026(3) dt.22-04-2026 2/3 slaps etc. It is further stated that Md. Riyaj (petitioner no.6) assaulted the informant with a tengari on her head causing serious injuries. She was taken to the hospital for treatment.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. No such occurrence as alleged in the FIR has taken place. The allegations are false and concocted. Even as per the injury report, the alleged injury has been found to be simple in nature. The petitioners have no criminal antecedent and undertake to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation of assault against Md. Riyaj (petitioner no.6) with a tengari on the head of the informant with the corresponding injuries having been found, though simple in nature, the Court is not inclined to enlarge the petitioner no.6 on anticipatory bail and the application is rejected.
7. The petitioner no.6 is directed to surrender in the learned Court below within a period of four weeks.
8. In view of the facts and circumstances of the case,
Patna High Court CR. MISC. No.4415 of 2026(3) dt.22-04-2026 3/3 the allegations against the other petitioners being general and omnibus in nature together with the petitioners not having any criminal antecedent, it is directed that the petitioner nos.1, 2, 3, 4 and 5, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Laukaha P.S. Case no.64 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Jhanjharpur, District Madhubani. (Partha Sarthy, J) Saurabh/- U T