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Patna High Court

Ashwani Dubey @ Ashwini Dubey @ Golu DubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs 10,000 and stipulated conditions.

Summary

The petitioner, Ashwani Dubey, was arrested in connection with a 2018 incident involving robbery, attempted murder and illegal possession of a firearm, alleged under IPC sections 387, 307, 34 and Arms Act section 27. He was not named in the FIR; his name emerged only from a confessional statement of a co‑accused, Sanjit Kumar Chaudhary, and no other investigative material or T.I.P. has been produced against him. The petitioner has nine other criminal cases, bail being granted in eight of them, while one remains pending. The State opposed bail, citing the pending case and the seriousness of the offences. The Court, noting the lack of direct evidence, the reliance on a co‑accused’s confession, and the petitioner’s bail history, ordered his release on bail with a Rs 10,000 bond and specific conditions regarding trial cooperation and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner in the absence of direct evidence and solely on the basis of a co‑accused’s confessional statement.
  • Whether the petitioner’s criminal antecedent and pending cases justify denial of bail.

Legislation cited

Subjects

  • bail
  • IPC
  • Arms Act
  • confessional statement
  • co‑accused
  • criminal antecedent
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29692 of 2026
                 Arising Out of PS. Case No.-477 Year-2018 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Ashwani Dubey @ Ashwini Dubey @ Golu Dubey S/O Ajay Kumar Dubey
                 @ Ajay Dubey R/O Mohalla - Gandhi Nagar, Road No.- 2, Paigambarpur
                 Kalwa, P.S- Ahiyapur, Dist.- Muzaffarpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vinay Ranjan, Advocate
                 For the Opposite Party/s :      Mr.Shyam Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                     Heard Mr.Vinay Ranjan, learned counsel for the

                   petitioner and Mr.Shyam Kumar Singh, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   19.11.2025 in connection with Majhauliya P.S. Case No. 477 of

                   2018, F.I.R. dated 26.10.2018 registered for the offence

                   punishable under Sections 387, 307, and 34 of IPC read with

                   Section 27 of the Arms Act.

                                3. As per F.I.R. the informant Bigu Manjhi alleged

                   that on 26.10.2018 at around 09:00 AM morning some unknown

                   miscreants came at the shop of cement and iron rod and given a

                   gun shot fire which hits his waist.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.29692 of 2026(2) dt.04-05-2026
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          submits that the petitioner is not named in the F.I.R. The name

          of the petitioner has been transpired during investigation on the

          basis of the confessional statement of co-accused person,

          namely, Sanjit Kumar Chaudhary, which was recorded in

          Paragraph- 64 of the Case Diary. Learned counsel for the

          petitioner submits that except the aforesaid, nothing has come

          during investigation against the petitioner to suggest the

          involvement of the petitioner in the present occurrence and till

          date no T.I.P. has been conducted by the prosecution and person

          who has confessed the name of the petitioner, namely Sanjit

          Kumar Chaudhary, has been granted bail by a Coordinate Bench

          of this Hon’ble Court vide order dated 02.03.2021 passed in Cr.

          Misc. No. 966 of 2021 and other co-accused persons namely

          Mani Bhushan @ Manav Chaubey and Sohan Kumar Patel have

          also been granted bail by a Coordinate Bench of this Hon’ble

          Court vide order dated 25.09.2020 passed in Cr. Misc. No.

          18909 of 2020 and petitioner has been remanded in this case

          from Majhauliya P.S. Case No. 303 of 2018. The police, after

          investigation, submitted chargesheet against the petitioner and

          the petitioner is in custody since 19.11.2025.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries
Patna High Court CR. MISC. No.29692 of 2026(2) dt.04-05-2026
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          nine more cases other than the present one but he fairly submits

          that out of nine cases, the petitioner is on bail in eight cases, and

          rest one case is pending for consideration before the competent

          Court of law, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioner,

          above named, 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 learned Chief Judicial Magistrate,

          West Champaran, Bettiah, in connection with Majhauliya P.S.

          Case No. 477 of 2018, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for
               Patna High Court CR. MISC. No.29692 of 2026(2) dt.04-05-2026
                                                           4/4




                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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