Patna High Court
Birchandra DubeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners are entitled to anticipatory bail as the allegations are vague, unsupported, and the petitioners have a clean antecedent.
Summary
The petitioners, brothers of the informant, were implicated in a FIR alleging assault with a sharp weapon in a family property dispute. They argued that the allegations were vague, unsupported by independent witnesses, and that no injury was recorded, emphasizing their clean criminal record. The State opposed the grant of pre‑arrest (anticipatory) bail. The Court examined the material, noting the familial relationship, the pending partition suit, and the lack of substantive evidence, and concluded that the petitioners had a prima facie case for bail. Accordingly, the Court directed the District Court to release the petitioners on anticipatory bail upon furnishing a bail bond and sureties, subject to verification of any other pending cases and compliance with Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the FIR alleging assault under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the B.N.S.
- Whether the lack of independent witnesses and absence of recorded injury justify granting bail
Legislation cited
Subjects
- anticipatory bail
- pre‑arrest bail
- assault
- property dispute
- clean antecedent
- lack of evidence
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.693 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- PATAHI District- East Champaran
======================================================
1. Birchandra Dubey S/o Kedar Dubey R/o vill - Bokane, P.S.- Patahi, Distt.-
East Champaran
2. Deochandra Dubey S/o Kedar Dubey R/o vill - Bokane, P.S.- Patahi, Distt.-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prateek Tandon, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 21-04-2026 Heard Mr. Prateek Tandon, learned counsel
appearing on behalf of the petitioners and Mr. Dr. Ajeet Kumar,
learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection
with Patahi P.S. Case No. 283/2025 for the offence under
Sections 126(2), 115(2), 118(1), 109, 3(5) of B.N.S.
3. As per the allegation made in the FIR, the accused
persons, including the petitioners, assaulted the informant, his
wife and his son with sharp weapon, causing injuries to them.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioner nos. 1 and 2 are own
brothers of the informant and a dispute regarding partition of
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ancestral property is pending between the parties. No injury has
been brought on record and the allegations against the
petitioners are general and omnibus in nature, with no support
from any independent witnesses. Learned counsel further
submitted that there is case and counter case between the parties
and the father of the informant, who is also a co-accused in the
present case, has instituted Patahi P.S. Case No. 284 of 2025
against the informant and his family members (Annexure P/2).
The petitioners have clean antecedent. On these grounds, the
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, upon perusal of the materials available
on record, it appears that petitioner nos. 1 and 2 are own
brothers of the informant and a dispute regarding partition of
ancestral property is pending between the parties. The
allegations against the petitioners are general and omnibus in
nature and no injury has been brought on record, nor is there
support from any independent witnesses. There is case and
counter case between the parties. In above view of the matter, I
am of the opinion that the petitioners, having clean antecedent,
Patna High Court CR. MISC. No.693 of 2026(4) dt.21-04-2026
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have, prima facie, made out a case to be released on pre-arrest
bail.
7. The learned District Court is directed to release the
petitioners on anticipatory bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each, to the
satisfaction of learned District Court where the case is pending
in connection with Patahi P.S. Case No. 283/2025, subject to the
condition as laid down under Section 482(2) of the B.N.S.S.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners, as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners, as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Ashishsingh/-
U T
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