Created by Fuzzy Cloud

Patna High Court

Pawan DubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.31995 of 2026(2) dt.07-05-2026
                                            2/5




          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
Patna High Court CR. MISC. No.31995 of 2026(2) dt.07-05-2026
                                            3/5




          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
Patna High Court CR. MISC. No.31995 of 2026(2) dt.07-05-2026
                                            4/5




          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
           Patna High Court CR. MISC. No.31995 of 2026(2) dt.07-05-2026
                                                       5/5




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.