Dismissed¶¶20

Ashok Naiya v. The State of Bihar

Patna HC4 May 2026CR. MISC./28499/2026

Case brief

AI extract

What is this about?

CR. MISC. No.28499 of 2026 (Patna High Court, decided 04-05-2026, Prabhat Kumar Singh, J.): pre-arrest/anticipatory bail REJECTED for petitioners Ashok Naiya and Rajesh Naiya @ Rajesh Bhulla apprehending arrest in PS Case No. 123 of 2025, Thana Jhajha, District Jamui; offences under Sections 103(1), 61(2), 3(5) Bharatiya Nyaya Sanhita and Sections 3 & 4 Prevention of Witch (Daain) Practices Act; alleged axe assault on informant's parents over black-magic (Jadu Tona) suspicion; rejection ground: nature of accusation and gravity of offence. Advocates: Pankaj Kumar Sinha (petitioners), Nawal Kishore Prasad, A.P.P. (State).

What did the court decide?

Considering the nature of accusation and gravity of the offence, the Court rejected the petitioners' pre-arrest bail application. ¶¶20

Ashok Naiya Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28499 of 2026

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Arising Out of PS. Case No.-123 Year-2025 Thana- JHAJHA District- Jamui

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======================================================

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Ashok Naiya S/o Late Fagu Naiya @ Late Fagu Naiya @ Late Fagu Bhulla R/o Village - Chilko Masanghat, Belatar, Police Station - Jhajha, District - Jamui.

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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

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====================================================== 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

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2 04-05-2026

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Heard learned counsel for the petitioners and the

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State.

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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.

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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) .

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Learned counsel for the petitioners submits that

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Patna High Court CR. MISC. No.28499 of 2026(2) dt.04-05-2026 2/2

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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.

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Learned A.P.P. for the State vehemently opposed the bail application and the submitted that these petitioners are assailants of the deceased.

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Considering the nature of accusation and gravity of the offence, pre-arrest bail application of the petitioners is rejected.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Ashok Naiya v. The State of Bihar

Case brief

What is this about?

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Ashok Naiya v. The State of Bihar

Case brief

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