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Patna High Court

Ashutosh Dubey @ Chunmun DubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                         3/3




                       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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