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Patna High Court

Aayush Kumar Dubey @ Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Ayush Kumar Dubey, was arrested in connection with a murder case (Kesariya PS Case No. 405 of 2023) alleged under Sections 302, 120B/34 of the IPC and Section 27 of the Arms Act. The prosecution alleged that the petitioner conspired to kill the informant's son, who was a deed writer, and that the petitioner was present at the scene. The petitioner had previously applied for regular bail, which was rejected, and subsequently filed a discharge petition under Section 227 of the Cr.P.C., leading to repeated adjournments and a four‑month delay in framing charges. Counsel argued that the prolonged delay violated the petitioner’s right to a speedy trial and that he was falsely implicated. The State opposed bail, citing the pending discharge petition and the seriousness of the offences. The High Court, after considering the facts and the delay, granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions regarding cooperation, surety affiliation, disclosure of future similar accusations, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted despite the pending discharge petition and delay in framing charge.
  • Whether the delay in framing charge infringes the petitioner’s right to a speedy trial warranting bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • arms act
  • delay in framing charge
  • discharge petition
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18442 of 2026
                   Arising Out of PS. Case No.-405 Year-2023 Thana- KESARIA District- East Champaran
                 ======================================================
                 Aayush Kumar Dubey @ Pawan Kumar, S/o- Ravi Shankar Diwedi @ Ravi
                 Shankar Dubey, Resident of Village- Mananpur Ward No- 9 PS- Kalyanpur,
                 District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun, Adv.
                                                  Mr. Karandeep Kumar, Adv.
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 For the Informant        :       Mr. Shanti Bhushan Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

5   08-05-2026                      Heard learned counsel for the petitioner, learned

                   A.P.P for the State and learned counsel for the informant.

                                 2. Learned counsel for the petitioner submits that a

                   supplementary affidavit has been filed today i.e. on 08.05.2026

                   through e-filing and hard copy is filed in the Court which may

                   be accepted.

                                 3. Let it be accepted and kept it on record.

                                 4. The petitioner seeks bail in connection with

                   Kesariya PS Case No. 405 of 2023 dated 09.08.2023 instituted

                   for the offence punishable under Sections 302, 120B/34 of the

                   Indian Penal Code and Sections 27 of the Arms Act.

                                 5. The prosecution case, in short, is that the son of the
Patna High Court CR. MISC. No.18442 of 2026(5) dt.08-05-2026
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          informant, Mukesh Kumar Dwivdi, was a Deed Writer in the

          Registry Officer, Keksariya and he was going to Registry

          Officer on the alleged date of occurrence along with one Bittu

          Dubey. He was shot dead near Rajpur Zirat. He went at the

          place of occurrence and inquired about the occurrence and came

          to know that Ravi Shankar Dubey and the petitioner along with

          some unknown persons were following his son under a

          conspiracy and killed him.

                       6. Earlier, vide order dated 24.01.2025 passed in

          Criminal Miscellaneous No. 46696 of 2024, the petitioner’s bail

          application was rejected.

                       7. This is second attempt for grant of regular bail

          application to the petitioner.

                       8. Vide order dated 25.07.2025, a report about the

          present stage of trial was also called for from the concerned

          Court, which is on record. In the report, the learned District &

          Additional Sessions Judge-XX, Motihari has stated that a

          discharge petition filed by the petitioner is pending. Next date

          02.04.2026 was fixed for hearing on discharge petition filed by

          Ayush Kumar Dubey (petitioner).

                       9. Learned Counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.18442 of 2026(5) dt.08-05-2026
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          case. It is submitted that the case was fixed for charge on

          18.03.2025 on which date, the petitioner was physically present

          and further, the case was fixed for framing of charge on

          26.03.2025 and thereafter, it was fixed on 09.04.2025 and

          subsequently on 23.04.2025 and thereafter again it was fixed on

          23.04.2025 and then it was fixed for 07.05.2025 and on all

          dates, the petitioner and other co-accused was physically present

          but charge was not framed. It is further submitted that objection

          raised by the counsel for the informant is only due to filing of

          the discharge petition, the charge has not been framed. In this

          regard, the learned counsel for the petitioner filed entire order-

          sheet of the trial showing the dates on which the petitioner was

          produced from the custody after disposal of discharge petition

          on 24.02.2025 filed by the co-accused Ramkishore Dwivedi.

          Four months have passed without framing of charge and after

          24.02.2025, four dates were fixed for framing of charge i.e.

          05.03.2025, 08.03.2025, 26.03.2025 and 09.04.2025. Learned

          counsel for the petitioner vehemently submitted that the

          petitioner had filed discharge petition under Section 227 of

          Cr.P.C. on 04.06.2025. On several occasions, the petitioner was

          physically present before the concerned court but the time for

          hearing on the point of discharge was extended one after another
Patna High Court CR. MISC. No.18442 of 2026(5) dt.08-05-2026
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          date. Further, it is submitted that till date charge has not been

          framed. It is also submitted that the petitioner was directed to

          renew the prayer for bail if the trial is not concluded within one

          year vide order dated 24.01.2025. Lastly, it has been submitted

          that the petitioner is in custody since 16.10.2023, having five

          criminal cases against him and charge-sheet has been submitted

          in the case.

                       10. Learned counsel for the informant and learned

          A.P.P for the State opposes the prayer for bail of the petitioner

          and submitted that due to his petition for discharge, the charge

          has not been framed as yet.

                       11. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Additional Sessions

          Judge-XXII, East Champaran at Motihari in connection with

          Sessions Trial No. 292 of 2024 arising out of Kesariya P.S. Case

          No. 405 of 2023, subject to the following conditions:-

                                  1. Petitioner shall co-operate in the trial and
                          shall be properly represented on each and every
                          date fixed by the Court and on his absence on two
                          consecutive dates without sufficient reason, his bail
            Patna High Court CR. MISC. No.18442 of 2026(5) dt.08-05-2026
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                                      bond shall be cancelled by the Court below.

                                              2. One of the bailors will be his own blood
                                      relation, preferably father, mother, brother, sister
                                      and or his wife.

                                              3. The bailor shall also state on affidavit that
                                      he will inform the court concerned if the petitioner
                                      is made accused in any other case of similar nature
                                      after his release in the present case and thereafter
                                      the court below will be at liberty to initiate the
                                      proceeding for cancellation of bail on ground of
                                      misuse.

                                              4. If the petitioner tampers with the evidence
                                      or the witnesses, in that case, the prosecution will
                                      be at liberty to move for cancellation of bail.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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