Patna High Court
Ashwani Dubey @ Ashwini Dubey @ Golu DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 387
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
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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
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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
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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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