Patna High Court
Raja DubeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Regular bail was granted because the allegations against the petitioner were not substantiated by the FIR or eyewitness identification, and a solitary confessional statement was insufficient to justify denial of bail.
Summary
The petitioner, Raja Dubey, was arrested in connection with a shooting that resulted in the death of Arjun Yadav, a contractor at the Chausa Power Plant. The prosecution alleged that the petitioner was part of a trio who fired on the victim, citing a confessional statement of a co‑accused, while the FIR itself did not name him. The petitioner’s counsel argued that there is no direct evidence linking him to the crime, that the informant did not identify him, and that similar co‑accused have been granted bail. The State opposed regular bail, contending the seriousness of the offences under sections 103, 61(2), 3(5) of the BNS and section 27 of the Arms Act. After weighing the lack of substantive incriminating material against the petitioner and the principle of liberty, the court ordered his release on regular bail with a bond of Rs.10,000 and specific conditions. The decision underscores that a confessional statement alone, without corroboration, is insufficient to deny bail.
Issues considered
- Whether regular bail can be granted when the only allegation against the petitioner stems from a co‑accused’s confessional statement.
- Whether the absence of the petitioner’s name in the FIR and lack of eyewitness identification preclude denial of bail.
Legislation cited
Subjects
- regular bail
- confessional statement
- FIR
- Arms Act
- criminal procedure
- bail conditions
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28308 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Raja Dubey Son of Virendra Dubey @ Virendra Kumar Divedi Resident of
Village -Siktauna PS -Itarhi Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103, 61(2)
and 3(5) of the BNS and section 27 of the Arms Act.
3. The case of the prosecution is that the informant
was going to meet the authority of Chausa Power Plant on his
Mahendra Thar vehicle. He stopped near the shop of Chandan
Chaursiya at Mohanpurva for purchasing a bottle of water. As
he reached near the right side of his vehicle, three persons on a
bike arrived started firing due to which informant’s brother
Arjun Yadav received three gun shot injuries and fell down
there. The miscreants proceeded towards Bechanpurva. The
Patna High Court CR. MISC. No.28308 of 2026(2) dt.19-06-2026
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injured brother of informant was being rushed to the Sadar
Hospital, Buxar from where, he was referred to Trauma Center,
Banaras. During course of reaching Trauma Center, Banaras,
Arjun Yadav died. The deceased was a contractor in the Chausa
Power Plant and it alleged that the petitioner along with others
due to competition between them has killed the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from the perusal of
the FIR, it is clear that altogether 8 persons are named but the
name of this petitioner does not find place in FIR. The name of
the petitioner has surfaced during course of investigation in the
confessional statement of co-accused Manoranjan Pandey @
Raja Pandey. It has further been submitted that from the perusal
of the FIR, it is clear that that allegation in the first part of the
FIR is that three persons on a bike have fired at the deceased
and in the confessional statement also, it has come that three
persons have fired on the deceased. He has further been
submitted that save and except the confessional statement, there
is nothing against the petitioner. In this case, the informant is
said to be the eye witness of this case but he has neither
identified those three persons who arrived and fired at the
Patna High Court CR. MISC. No.28308 of 2026(2) dt.19-06-2026
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deceased nor he was sure about the involvement of the
petitioner in this case. He has further been submitted other
similarly situated co-accused person has been granted bail by
learned co-ordinate Bench of this Court vide Cr. Misc. No.
11592 of 2026. Learned counsel has also submitted that as per
confessional statement of co-accused, the main assailant of this
case is Nikhil and Dinesh. A statement has been made in para-3
that the petitioner is having five criminal antecedents. Moreover,
the petitioner is languishing in judicial custody since
24.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Buxar (Mufassil) P.S. Case No. 232 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Buxar with following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every fixed
date.
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(ii) One of the bailors should be close relative of the
petitioner.
(iii) Petitioner is also directed to mark his weekly
attendance at Buxar (T) P.S.
(Ashok Kumar Pandey, J)
Sneha/-
U T
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