Created by Fuzzy Cloud

Patna High Court

Anish Dubey @ UgrabadiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the evidence indicated the petitioner’s involvement in the fatal assault.

Summary

Anish Dubey was arrested in connection with a case alleging that he delivered a fatal blow to the head of the informant’s husband, resulting in death. The petitioner sought regular bail, claiming innocence, lack of head injury on the deceased, and a clean antecedent, having been in custody since 29‑10‑2024. The prosecution, supported by the post‑mortem report, argued that bleeding from the nostril indicated a head injury caused by the petitioner, establishing his role as the principal assailant. The court examined the evidence and concluded that the seriousness of the offences and the medical findings did not justify granting bail. Consequently, the bail application was rejected and the trial court was directed to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Criminal Procedure Code in view of the nature of the offences and the evidence.
  • Whether the post‑mortem findings constitute sufficient grounds to deny bail.

Legislation cited

Subjects

  • regular bail
  • Criminal Procedure Code
  • Indian Penal Code
  • post‑mortem report
  • denial of bail
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28738 of 2025
                       Arising Out of PS. Case No.-215 Year-2024 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Anish Dubey @ Ugrabadi S/o Shankarji Dubey R/o Vill.- Sajana Makariyar ,
                 P.S.- Mairwan, Distt.- Siwan
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ashok Kumar
                 For the State           :        Mr. Nagendra Prasad
                 For the Informant       :        Mr. Ajay Kr. Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   06-01-2026                      Heard the learned counsel for the petitioner as well

                   as informant and the learned Additional Public Prosecutor for

                   the State.

                                2. The petitioner is seeking regular bail in connection

                   with Mairwa P.S. Case No. 215 of 2024, registered for the

                   offences punishable under Sections 103(1), 109, 191(2), 190,

                   61(2) of the BNS.

                                3. As per the prosecution story, the specific allegation

                   against the petitioner is that he inflicted tangi blow on the head

                   of the informant’s husband due to which he succumbed to

                   injuries.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He has further submitted that the allegation against the
             Patna High Court CR. MISC. No.28738 of 2025(5) dt.06-01-2026
                                                         2/2




                       petitioner is that he inflicted tangi blow on the head of the

                       deceased but no injury was found on the head of the deceased.

                       Learned counsel has also submitted that the petitioner is a

                       person of clean antecedent and is in custody since 29.10.2024.

                                    5. On the other hand, the learned APP for the State

                       and learned counsel for the informant have opposed the prayer

                       for bail of the petitioner by submitting that the postmortem

                       report shows that the bleeding from nostril of the deceased, was

                       caused due to infliction of tangi blow on his head and the

                       petitioner is the main assailant in the present case.

                                    6. Considering the above-mentioned facts and

                       circumstances, the petitioner does not deserve the privilege of

                       bail. Accordingly, it is rejected.

                                    7. The learned Trial Court is directed to expedite the

                       trial.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.