Patna High Court
Upendra DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner on a Rs.10,000 bond with two sureties, subject to the conditions of Section 437(3) Cr.P.C. and Section 480(3) BNSS.
Summary
The petitioner, Upendra Dubey, was arrested in connection with a murder case (Mairwa P.S. Case No. 138/2025) under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act. The FIR was based solely on the informant’s suspicion after a dead body was found, and the petitioner was not an eyewitness. Counsel argued that no incriminating material linked the petitioner to the crime, the investigation was complete, and a co‑accused had already been granted bail, establishing parity. The State opposed bail. The court found that, apart from the suspicion in the FIR, the investigation yielded no evidence against the petitioner, and given his clean antecedents and the completed charge‑sheet, bail was appropriate. Accordingly, the court ordered his release on bail with a Rs.10,000 bond and two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted when the only basis for accusation is suspicion in the FIR and no material evidence links the accused to the offence.
- Whether the grant of bail to a similarly situated co‑accused creates a right to bail for the petitioner.
- Whether the conditions prescribed under Section 437(3) of the Criminal Procedure Code and Section 480(3) of the Bihar Narcotic Substances Act are satisfied.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5), 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- suspicion
- completed investigation
- parity
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- Section 103(1)
- Section 3(5)
- Section 437(3)
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83397 of 2025
Arising Out of PS. Case No.-138 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Upendra Dubey S/o Ram Bhawan Dubey, R/o Village - Sewatapur, P.S -
Mairwa, District – Siwan. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Chandra, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Mairwa
P.S. Case No. 138/2025, registered for the offence under Sections
103(1), 3(5) of BNS.
3. The accused/petitioner is named in the F.I.R. and is
in custody since 26.03.2025.
4. As per FIR, the dead body of brother of the informant
was found in a nearby field, which was informed by co-villagers,
whereafter a suspicion was raised by the informant against named
co-accused persons including petitioner to commit murder of his
brother.
5. Learned Counsel appearing on behalf of the petitioner
submitted that informant is not the eye-witness of the occurrence
and merely on the basis of suspicion, petitioner was implicated
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with present crime in question. It is submitted that even during
investigation nothing incriminating surfaced/recovered, which may
connect petitioner prima facie with present allegation. It is
submitted that considering the aforesaid aspects, similarly situated
co-accused, namely, Markandey Tiwari granted bail by one of the
learned co-ordinate Bench of this Court through Cr. Misc. No.
42082 of 2025 dated 03.09.2025 and, therefore, this petitioner
also on the ground of parity deserves bail. While concluding the
argument, it is submitted that investigation of this case is already
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence and, moreover,
petitioner is a man of clean antecedent.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by
taking note of fact as prima facie except suspicion arising out of
FIR, nothing transpires during investigation as to connect
petitioner with present crime in question, coupled with the fact that
investigation of this case is already completed, where petitioner
being a man of clean antecedent, remains in custody since
26.03.2025, accordingly, petitioner above named, is directed to be
released on bail in connection with Mairwa P.S. Case No.
138/2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
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Thousand) with two sureties of the like amount each to the
satisfaction of learned ACJM-V, Siwan/concerned Court, subject to
the conditions as mentioned under Section 437(3) of the
Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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