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Patna High Court

Pashupati Nath DubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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