Patna High Court
Pashupati Nath DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail may be conditionally granted provided the District Court verifies that the injuries are simple and the petitioners have no adverse criminal antecedent; otherwise the order stands vacated.
Summary
The petitioners, Pashupati Nath Dubey and Basukinath Dubey, were charged under several IPC sections for allegedly assaulting an informant, his wife and sons over a vegetable dispute. They applied for pre‑arrest bail, claiming innocence and that the allegations were fabricated. The State opposed the bail, emphasizing the alleged injuries to the victims. The High Court noted the absence of any injury report or medical opinion and directed the District Court to verify the nature of the injuries; if they are found to be simple, the petitioners may be released on bail upon furnishing a Rs.10,000 bond with two sureties and complying with Section 438(2) and 482(2) CrPC. The Court also ordered verification of any criminal antecedent of the petitioners, stating that the bail order would lapse if adverse findings emerge. The bail application was consequently disposed of subject to these conditions.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite allegations of assault and injury to the victims
- Whether the nature of the alleged injuries and the petitioners' criminal antecedent must be verified before bail can be granted
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 342, 354(B), 379, 504
Subjects
- pre‑arrest bail
- assault
- injury verification
- criminal antecedent
- Section 438 CrPC
- Section 482 CrPC
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90512 of 2025
Arising Out of PS. Case No.-309 Year-2020 Thana- DHANARUA District- Patna
======================================================
1. Pashupati Nath Dubey S/o Vishunath Dubey Resident of village- Armal @
Arwal, P.S.- Dhanaruwa, District- Patna
2. Basukinath Dubey @ Dinanath Dubey @ Basukinath S/o Vishunath Dubey
Resident of village- Armal @ Arwal, P.S.- Dhanaruwa, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sangiv Kumar, Advocate.
For the Opposite Party/s : Mrs.Pushpa Sinha, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Dhanaruwa P.S. Case No. 309 of 2020 registered for the
offence punishable under Sections
323/341/504/379/307/342/354(B)/34 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., when the
informant objected the petitioner no.2 from uprooting
vegetables from his field, all the accused persons including the
petitioners assaulted the informant, his wife and sons causing
them injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.90512 of 2025(2) dt.04-02-2026
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petitioners submitted that the petitioners are innocent and they
have committed no offence as alleged in the F.I.R. The
allegation levelled against them is fabricated. No one was
injured nor such incidence took place. On these grounds,
learned counsel seeks that the petitioners be released on pre-
arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties, as well as, considering the allegation against the
petitioners that the petitioners had assaulted the informant, his
wife and sons who sustained injury and the petitioners have not
been able to bring on record the injury report nor there is any
reference in the impugned order in respect of analysis based on
the injury report and the opinion of the doctor, in absence of
nature of injury and taking into consideration the allegation
made in the F.I.R., learned District Court is directed to verify
the injury sustained by the informant, his wife and his sons
and if it is found that the injuries sustained by the victims
are simple in nature, then in that case, the petitioners, above
named, be released on pre-arrest bail, in the event of their arrest
or surrender before the Court below within a period of four
Patna High Court CR. MISC. No.90512 of 2025(2) dt.04-02-2026
3/3
weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned SDJM, Masaurhi, Patna in connection
with Dhanaruwa P.S. Case No. 309 of 2020, subject to the
condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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