Patna High Court
Pawan DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to strict conditions.
Summary
Petitioner Pawan Dubey was arrested on 5 March 2026 in connection with a violent assault case (Shanichari P.S. Case No. 111 of 2025) involving multiple offences under the Bihar Penal Code. The prosecution alleged that Dubey, along with several co‑accused, attacked the informant Dipesh Kumar and his aunt, causing grievous injuries and theft of valuables. Dubey contended that the FIR was forged, he was falsely implicated, and he had no intention to kill anyone; he also pointed out that co‑accused had already been granted bail. The State opposed bail, citing Dubey’s four other pending cases, though he was already on bail in those matters. The High Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the alleged falsity of the FIR and false implication affect the bail decision.
- Whether the petitioner’s antecedent criminal cases justify denial of bail.
Legislation cited
- Bihar Penal Code — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- assault
- grievous hurt
- false implication
- antecedent cases
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31995 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- SANICHARI District- West Champaran
======================================================
Pawan Dubey S/o Late Bhulan Dubey R/o Gora Bahuarwa, P.S. - Sanichari,
Distt. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash
For the Opposite Party/s : Mr. Humayou Ahmad Khan
For the Informant : Mr. Abhyanand
: Mr. Sumit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Mr. Gyan Prakash, learned counsel for the
petitioner, Mr. Abhyanand, learned counsel for the informant
and Mr. Humayou Ahmad Khan, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.03.2026 in connection with Shanichari P.S. Case No. 111 of
2025 for the offences punishable under Sections 126(2), 115(2),
118(1), 109(1), 76, 303(2), 352, 351(2) and 3(5) of BNS.
3. The case of the prosecution, in brief, as stated by
the informant Dipesh Kumar is that on 07.10.2025 at about 7:00
AM, his maternal uncle Shyam Thakur came to his shop and
asked him to bring his maternal aunt and arrange a vehicle for
her to go to Gorakhpur. After that informant took his
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motorcycle, brought his aunt, and after seating her in the
vehicle, while returning on the government road near his house,
he and his aunt were attacked by persons who were hiding with
sticks, axes, and rods. The accused were Pawan Dubey,
Tarkeshwar Dubey, Dinbandhu Dubey, Uttam Dubey, Gulshan
Dubey, Suman Dubey, Ujjwal Dubey, Chitranjan Dubey, and
Dhanu Dubey. During the assault, accused Pawan Dubey struck
Dipesh's forehead with an axe, after that accused Dinbandhu
Dubey assaulted him with a stick, and accused Dhanu Dubey
struck his leg with a rod, causing both him and his aunt Manju
Devi to fall from the vehicle. Accused Tarkeshwar Dubey and
accused Chitranjan Dubey further assaulted him with sticks.
Accused Uttam Dubey snatched the chain from his neck and
pulled his aunt, while accused Suman Dubey removed her
mangalsutra and ear tops, took Rs. 2,000/- from her blouse, and
tore the blouse. Then accused Gulshan Dubey assaulted her
chest, injuring her left arm, and others hit her legs and forehead
with sticks and rods. On hearing the noise, niece Suchi Kumari
informed Shyam Thakur, who dialed 112. Police arrived and
took the victims to Shanichari Police Station, and from there
they were sent to Yogapatti Hospital for treatment. It is also
stated that earlier, on 06.09.2025, accused Tarkeshwar Dubey
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had attacked informant's maternal uncle Shyam Thakur with an
axe, for which an application was filed at Shanichari Police
Station and the axe was seized. Subsequenlty, the FIR was
registered
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case. It is
further submitted that the allegation as alleged in the FIR is
forged and fabricated and the petitioner has not committed any
offence as alleged in the FIR. Learned counsel for the petitioner
submits that it appears from the FIR that petitioner is named in
the FIR and there is specific allegation of assault against all the
accused persons including the petitioner of assaulting the
informant by means of farsa and the injury sustained by the
informant is found to be grievous in nature. Learned counsel for
the the petitioner next submits that at the spur of the moment the
present occurrence has taken place and there is no intention on
the part of the petitioner to kill anyone and the the co-accused
persons, namely, Tarkeshwar Dubey and Dinbandhu Dubey
have been granted bail by a Coordinate Bench of this Court vide
order dated 15.01.2026 passed in Cr. Misc. No. 87885 of 2025
and petitioner is in custody since 05.03.2026.
5. The learned Additional Public Prosecutor for the
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State and learned counsel for the informant have vehemently
opposed the prayer for bail of the petitioner and submit that
petitioner has antecedent of four cases other than the present
case but fairly submit that petitioner is on bail in the pending
matters.
6. Considering the aforesaid facts and circumstances,
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 the learned Chief
Judicial Magistrate, Bettiah, West Champaran in connection
with Shanichari P.S. Case No. 111 of 2025, subject to 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 absence on two consecutive dates without sufficient
reason, his 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
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any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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)
Gaurav Sinha/-
U T
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