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Patna High Court

Birchandra DubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CR. MISC. No.693 of 2026(4) dt.21-04-2026
                                            2/3




          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
                                                       3/3




                     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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