Patna High Court
Anish Dubey @ UgrabadiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code — s. 103, 109, 190, 191, 61
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
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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
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