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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28499 of 2026 Arising Out of PS. Case No.-123 Year-2025 Thana- JHAJHA District- Jamui ======================================================
1. Ashok Naiya S/o Late Fagu Naiya @ Late Fagu Naiya @ Late Fagu Bhulla R/o Village - Chilko Masanghat, Belatar, Police Station - Jhajha, District - Jamui.
2. Rajesh Naiya @ Rajesh Bhulla S/o Late Fagu Naiya @ Late Fagu Bhulla R/o Village - Chilko Masanghat, Belatar, Police Station - Jhajha, District - Jamui. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 04-05-2026 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3 & 4 of Prevention of Witch (Daain) Practices Act.
3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, assaulted the parents of informant by means of axe, on suspicion that they killed the parents of informant by playing black magic (Jadu Tona).
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.28499 of 2026(2) dt.04-05-2026 2/2 petitioners are innocent and have committed no offence. Informant is not an eye witness of the occurrence and petitioners have falsely been implicated in this case. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application and the submitted that these petitioners are assailants of the deceased.
6. Considering the nature of accusation and gravity of the offence, pre-arrest bail application of the petitioners is rejected.
Navya/- (Prabhat Kumar Singh, J) U T