Patna High Court

Shailesh Kumar Dubey @ Shailesh Kumar ShailversusThe State of Bihar

Decided: 28 January 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SANDEEP KUMAR

Holding

Anticipatory bail is granted to petitioners 1, 2 and 3 subject to the conditions of Section 438(2) CrPC and Section 482 BNSS, while the application for petitioners 4 and 5 is dismissed as withdrawn.

Summary

The petitioners, five brothers from Devkuli village, feared arrest in connection with PS Brahmapur Case No. 213 of 2025, which alleged assault under several sections of the Bihar Negotiable and Settlement Act (BNSS). The prosecution alleged that petitioners 1, 2 and 3 had assaulted the victim, while petitioners 4 and 5 were initially included in the bail application. Petitioners 4 and 5 subsequently withdrew their application, leading the court to dismiss the bail request for them. The court examined the allegations against petitioners 1, 2 and 3 and, applying the principles of anticipatory bail, allowed their release on bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of the same amount, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The order directed that the bail be granted if the petitioners are arrested or surrender within four weeks of the order.

Issues considered

Whether anticipatory bail should be granted to petitioners 1, 2 and 3 under Section 438(2) CrPC in view of the assault allegations.
Whether the withdrawal of the bail application by petitioners 4 and 5 results in dismissal of their bail request.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Section 482 BNSS
assault
withdrawal of application
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90917 of 2025
                      Arising Out of PS. Case No.-213 Year-2025 Thana- BRAHMPUR District- Buxar
                 ======================================================
           1.     Shailesh Kumar Dubey @ Shailesh Kumar Shail S/O Late Mithilesh Kumar
                  Dubey R/o village- Devkuli, P.S.- Brahampur, District- Buxar
           2.    Dinesh Kumar Dubey S/o-Late Awdhesh Kumar Dubey R/o village-
                 Devkuli, P.S.- Brahampur, District- Buxar
           3.    Rakesh Rowshan Dubey S/o-Late Aawdhesh Kumar Dubey R/o village-
                 Devkuli, P.S.- Brahampur, District- Buxar
           4.    Kamlesh Kumar Dubey S/o-Late Awadhesh Kumar Dubey R/o village-
                 Devkuli, P.S.- Brahampur, District- Buxar
           5.    Anand Kumar Dubey S/o-Radha Krishna Dubey R/o village- Devkuli, P.S.-
                 Brahampur, District- Buxar

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arvind Kumar Pradhan
                 For the Opposite Party/s :        Mr.Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2.         The petitioners apprehend their arrest in

                   connection with Brahmapur P.S. Case No. 213 of 2025

                   registered for the offence under Sections 126(2), 115(2), 109,

                   303(2), 352, 351(2), 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioners are

                   accused of assaulting the victim.

                                   4. Learned counsel for the petitioners, at the very
          Patna High Court CR. MISC. No.90917 of 2025(2) dt.28-01-2026
                                                      2/2




                    outset, prays for and is permitted to withdraw this application

                    filed on behalf of the petitioner nos. 4 and 5.

                                    5. Accordingly, this application is dismissed as

                    withdrawn with regard to petitioner nos. 4 and 5.

                                    6. So far as petitioner nos. 1, 2 and 3 are concerned,

                    there is general and omnibus allegation against them of assault.

                                    7. Considering the aforesaid facts, this application

                    is allowed with respect to petitioner nos. 1, 2 and 3.

                                     8. Let the petitioner nos. 1, 2 and 3 above named,

                    in the event of their arrest or surrender before the concerned

                    Court below within four weeks from today, be released on bail

                    on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

                    two sureties of the like amount each to the satisfaction of the

                    learned CJM, Buxar/concerned Court below in connection with

                    Brahmapur P.S. Case No. 213 of 2025, subject to the conditions

                    laid down in Section 438(2) of the Code of Criminal Procedure,

                    1973 / Section 482 of the BNSS.



                                                            (Sandeep Kumar, J)
Vikas/-

U

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