Dayananad Dubey @ Chhote v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29505 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Dayananad Dubey @ Chhote S/o Vishwanath Dubey @ Vishvanath Dube R/o Vill.- Mahuar, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP For the Informant :

Mr. Rana Ishwar Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 141 of 2024, instituted for the offences punishable under Section 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons committed murder of the informant's husband and her devar by firing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.29505 of 2025(3) dt.08-07-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Aman Kumar and the same has got no evidentiary value. The allegation levelled against the petitioner is general and omnibus in nature. No specific allegation has been attributed against the petitioner. It is further submitted that specific allegation of firing is against co-accused, namely, Bhart Singh, Mritunjay Kumar and Anshu Aman Singh. The petitioner is in custody since 19.09.2024 and has got four criminal antecedents in which he is on bail in three cases.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.29505 of 2025(3) dt.08-07-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naubatpur P.S. Case No. 141 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T