Patna High CourtCR. MISC./9091/2026bail granted

Abhijit Dubey v. The State Of Bihar

2026-04-09Mr. Justice Sandeep Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6774 of 2026 Arising Out of PS. Case No.-548 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Rashid Shamim Ansari Son of Shamim Ansari @ Md. Samim Alam Resident of Village - Raghunathpur, Ward no. 21, P.S. - Raghunathpur, Dist. - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1010 of 2026 Arising Out of PS. Case No.-548 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Abdul Nabi @ Rehan S/o Late Atiullah Ansari Resident of - Balua Tal, Ward No. 26, P.S - Town Motihari, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4769 of 2026 Arising Out of PS. Case No.-548 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Babul Kumar @ Babul Dubey S/o Surendra Dubey R/o vill- Gopalpur, Raja Bazar, Ps- Town Motihari, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 9091 of 2026 Arising Out of PS. Case No.-548 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Abhijit Dubey S/o Alok Dubey R/o Village- Madhubani Tola, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar

2/5 ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 6774 of 2026) For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP (In CRIMINAL MISCELLANEOUS No. 1010 of 2026) For the Petitioner/s :

Mr. Asif Kalim, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 4769 of 2026) For the Petitioner/s :

Mr. Samrendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP (In CRIMINAL MISCELLANEOUS No. 9091 of 2026) For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-04-2026 Ref:-Cr. Misc. No. 6774 of 2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present application has been filed on behalf of petitioner seeking regular bail in connection with Banjariya P.S. Case No. 548 of 2025, registered for the offences punishable under Sections 103(1), 238, 61(2), 118(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. The prosecution case, in brief, is that the petitioner, Rashid Shamim Ansari had called the deceased to meet him, pursuant to which the dead body of the deceased was subsequently recovered. In the FIR, suspicion was initially raised against the petitioner. During investigation, it has come that the petitioner had monetary transactions with the deceased

3/5 and, owing to a financial dispute, he allegedly conspired to eliminate the deceased by engaging hired criminals. It is further alleged that one Rahul was engaged for the said purpose, to whom a sum of Rs. 35,000/- was first transferred by the petitioner, followed by another transfer of Rs. 15,000/-. Thereafter, the petitioner, along with Rahul and others, is alleged to have participated in the brutal murder of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the petitioner is in custody since 17.10.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has opposed the prayer for bail and has submitted that the petitioner is actively involved in the conspiracy and commission of the offence and the case is supported by material collected during investigation.

6. Having considered the rival submissions, the nature and gravity of the accusation, the specific allegations against the petitioner including transfer of money and his alleged role in hiring criminals and the materials collected during investigation, this Court is of the view that the petitioner does not deserve the privilege of bail.

4/5

7. Accordingly, the bail application is rejected. Ref:- Cr. Misc. No. 1010 of 2026, Cr. Misc. No. 4769 of 2026 and Cr. Misc. No. 9091 of 2026

8. These cases arise out of the same P.S. Case i.e., Banjariya P.S. Case No. 548 of 2025; therefore, they are being heard together and are being disposed of by this common order.

9. Heard learned counsel for the petitioners and learned A.P.P. for the State.

10. The petitioners seek regular bail in connection with Banjariya P.S. Case No. 548 of 2025 registered for the offences punishable under Sections 103(1), 238, 61(2), 118(2), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.

11. As per the prosecution case, the petitioners, namely Abhijit Dubey and Babul Kumar @ Babul Dubey, are alleged to have worked as "liners" in the present case, pursuant to which the murder of the deceased was subsequently committed by the accused persons. It is further alleged that coaccused Rahul Kumar had approached the petitioner, namely Abdul Nabi @ Rehan, for keeping the pistol used in the occurrence, which was refused by the said petitioner.

12. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

5/5 the present case. It is further submitted that the petitioners are in custody since 17.10.2025.

13. Learned A.P.P. for the State has opposed the prayer for bail.

14. Having regard to the facts and circumstances of the case, the nature of accusation and the period of custody, the applications are allowed.

15. Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Banjariya P.S. Case No. 548 of 2025.

16. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail applications. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Ranjeet/- U T