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Patna High Court

Daya Shankar DubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Daya Shankar Dubey, sought anticipatory bail after being implicated in a case (Krishnabraham P.S. Case No. 29 of 2026) for offences under IPC Sections 420, 467, 468 and 120B, alleged to have obtained a job using a forged certificate. The petitioner claimed the original document was correct and may have been altered during verification, and he had already resigned from the job. The State opposed the bail, arguing the seriousness of the alleged offences. The High Court, noting the resignation and the circumstances, decided to grant anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The Court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita despite the alleged offences of forgery, cheating and criminal conspiracy.
  • Whether the petitioner's resignation from the job influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • IPC 420
  • IPC 467
  • IPC 468
  • IPC 120B
  • criminal procedure
  • bail conditions
  • resignation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28821 of 2026
                      Arising Out of PS. Case No.-29 Year-2026 Thana- Krishnabraham District- Buxar
                 ======================================================
                 Daya Shankar Dubey son of Bhuneshwar Dubey Resident of Hariharpur P.S-
                 Shahpur, Dist- Bhojpur
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ravindra Kumar, Adv.
                 For the Opposite Party/s :        Mr.Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   13-05-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Krishnabraham P.S. Case No. 29 of 2026

                   registered for the offences punishable under Sections 420, 467,

                   468 and 120B of the Indian Penal Code.

                               3. The petitioner is alleged to have obtained the job on

                   the basis of forged certificate. The forgery came out at the time

                   of verification of documents pursuant to order of this Hon’ble

                   High Court.

                               4. Learned counsel for the petitioner asserts that he has

                   deposited the correct document and probably the same got

                   changed in the process.

                               5. Learned APP for the State has vehemently opposed

                   the prayer for anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.28821 of 2026(3) dt.13-05-2026
                                                       2/2




                                  6. Considering the aforesaid facts and circumstances

                     that the petitioner has resigned from the job as is apparent from

                     page 27 of the instant petition, this Court is inclined to grant

                     privilege of anticipatory bail to the petitioner.

                                  7. Let the petitioner, above named, in the event of

                     his/her arrest or surrender before the Court below within a

                     period of thirty days from the date of receipt of the order, be

                     released on bail on furnishing bail bond of Rs. 10,000/- (Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Chief Judicial Magistrate, Buxar in

                     connection with Krishnabraham P.S. Case No. 29 of 2026,

                     subject to the conditions as laid down under Section 438(2) of

                     the Code of Criminal Procedure / Section 482(2) of the

                     Bharatiya Nagarik Suraksha Sanhita.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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