Patna High Court
Ashutosh Dubey @ Chunmun DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court ordered anticipatory bail for the petitioners, subject to a bond and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, Ashutosh Dubey and Vijay Dubey, sought anticipatory bail fearing arrest in a case (Buxar Muffasil P.S. Case No.332 of 2025) filed under Sections 126(2), 115, 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that they entered the informant’s house, abducted his wife and infant son and assaulted the informant with an iron rod, causing injury. The petitioners contend they are the informant’s brother‑in‑law and went to their sister‑in‑law’s house to rescue her from abuse, leading to a scuffle, and maintain they are innocent despite prior criminal antecedents for which they are on bail. The State opposed bail but acknowledged the dispute is essentially a family quarrel. The Court, considering the circumstances, granted anticipatory bail subject to a Rs 30,000 bond each and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023.
- Whether the family‑dispute nature of the incident negates the seriousness of the alleged offences.
- Whether the petitioners’ prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 126(2), 2(1)(d), 303(2), 3(5), 482(2)
Subjects
- anticipatory bail
- family dispute
- criminal antecedent
- Bharatiya Nyaya Sanhita
- sections 126 115 109 303 3
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22721 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
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1. Ashutosh Dubey @ Chunmun Dubey S/o Sri Divakar Dubey @ Diwakar
Dubey R/o Village - Bhitribandh, P.S - Karamchat, District - Kaimur At
present R/o Village - Chenari, P.S - Chenari, District - Rohtas
2. Vijay Dubey S/o Sri Divakar Dubey @ Diwakar Dubey R/o Village -
Bhitribandh, P.S - Karamchat, District - Kaimur At present R/o Village -
Chenari, P.S - Chenari, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Tripathy, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Buxar Muffasil P.S. Case No. 332 of 2025
lodged on 05.10.2025, for the offence punishable under Sections
126(2), 115, 109, 303(2) & 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioners
alleging that they have entered in the house of the informant and
took away the informant’s wife and son who is aged about 1
Patna High Court CR. MISC. No.22721 of 2026(2) dt.16-04-2026
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month and 12 days. Upon oppose by the informant, accused
persons started abusing him and also assaulted him on the head
by iron rod, due to which, he sustained injury and become
unconscious.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the petitioners are brother in law/saala of
the informant. Counsel submits that the petitioners went to their
sister in law’s house to bring back their sister who is always
abused by the informant (bahnoi of petitioners), which resulted
into scuffling and present case has been lodged. Counsel further
submits that the petitioner no.1 has one criminal antecedent, in
which he is on bail and the petitioner no.2 has two criminal
antecedents, and in both the cases, he is also on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the from the
pleading and FIR, it transpires that the present dispute is
between the relatives i.e. saala and bahnoi.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
Patna High Court CR. MISC. No.22721 of 2026(2) dt.16-04-2026
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bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of C.J.M., Buxar, in connection with Buxar Muffasil
P.S. Case No. 332 of 2025, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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