Patna High Court
Ashwini Dubey @ Ashwani Dubey @ Golu DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to conditions.
Summary
The Patna High Court considered the bail application of Ashwini Dubey, who had been in custody since 19 November 2025 in connection with a 2019 case under Section 387 of the IPC for alleged firing after a demand for extortion. The prosecution’s case relied mainly on a confessional statement of a co‑accused, with no material recovered from the petitioner and no direct evidence linking him to the offence. The petitioner argued that the FIR was fabricated, he was not originally named, and that his nine prior criminal cases were largely pending or on bail. The State opposed bail citing the petitioner’s criminal antecedents. After evaluating the circumstances, the court ordered bail on a Rs 10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents, allowing cancellation for violations. Consequently, the petition for bail was allowed.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Section 387 IPC and having multiple prior criminal cases
- Whether the reliance on a co‑accused’s confessional statement without other corroborative evidence justifies denial of bail
Legislation cited
- Indian Penal Code — s. 387
Subjects
- bail
- Section 387 IPC
- attempt to murder
- criminal antecedents
- confessional statement
- co‑accused
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18975 of 2026
Arising Out of PS. Case No.-109 Year-2019 Thana- MAJHAULIA District- West Champaran
======================================================
Ashwini Dubey @ Ashwani Dubey @ Golu Dubey S/o Ajay Kumar Dubey @
Ajay Dubey R/o Gandi Nagar, Road No.2, Kalhua, Paigambarpur, PS-
Ahiyapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Ranjan, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-04-2026 Heard Mr. Vinay Ranjan, learned counsel for the
petitioner and Mr. Rana Randhir Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.11.2025 in connection with Majhauliya P.S. Case No. 109 of
2019, F.I.R. dated 22.03.2019 for the offences punishable under
Section 387 of the IPC.
3. According to prosecution case, a phone call has
been received by the informant where rangdari has been
demanded from him and on non-fulfillment of the same, firing
was done at his shop.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.18975 of 2026(2) dt.03-04-2026
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present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. In fact, petitioner was not named in the FIR
and his name has been transpired on the basis of the
confessional statement of the co-accused, namely, Priyaranjan
Kumar @ Risabh Raj and except the confessional statement, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence. Nothing has been recovered from the possession of
the petitioner in fact, the recovery has been made from the co-
accused, Bipul Kumar and Pintu Kumar. He further submits that
the petitioner was arrested in Majhauliya P.S. Case No. 303 of
2018 and has been remanded in the present case on 19.11.2025.
He further submits that similarly situated, co-accused, namely,
Priyaranjan Kumar @ Risabh Raj who has confessed the name
of the petitioner has been granted bail by a co-ordinate Bench of
this Court vide order dated 31.07.2019 passed in Cr. Misc. No.
46003 of 2019 and another co-accused, namely, Mukesh Pathak
has also been granted bail by this Court vide order dated
19.07.2023 passed in Cr. Misc. No. 74895 of 2022. The
petitioner is in custody since 19.11.2025.
5. The learned Additional Public Prosecutor has
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vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries nine criminal antecedents other
than the present one but fairly submits that out of nine cases he
is on bail in seven cases and two cases are pending for
consideration before the competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, West Champaran at Bettiah in connection
with Majhauliya P.S. Case No. 109 of 2019, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. 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.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
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any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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