Ashwani Dubey @ Ashwini Dubey @ Golu Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29692 of 2026 Arising Out of PS. Case No.-477 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Ashwani Dubey @ Ashwini Dubey @ Golu Dubey S/O Ajay Kumar Dubey @ Ajay Dubey R/O Mohalla - Gandhi Nagar, Road No.- 2, Paigambarpur Kalwa, P.S- Ahiyapur, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Ranjan, Advocate For the Opposite Party/s :
Mr.Shyam Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard Mr.Vinay Ranjan, learned counsel for the petitioner and Mr.Shyam Kumar Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 19.11.2025 in connection with Majhauliya P.S. Case No. 477 of 2018, F.I.R. dated 26.10.2018 registered for the offence punishable under Sections 387, 307, and 34 of IPC read with Section 27 of the Arms Act.
3. As per F.I.R. the informant Bigu Manjhi alleged that on 26.10.2018 at around 09:00 AM morning some unknown miscreants came at the shop of cement and iron rod and given a gun shot fire which hits his waist.
4. Learned counsel appearing for the petitioner
2/4 submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person, namely, Sanjit Kumar Chaudhary, which was recorded in Paragraph- 64 of the Case Diary. Learned counsel for the petitioner submits that except the aforesaid, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and till date no T.I.P. has been conducted by the prosecution and person who has confessed the name of the petitioner, namely Sanjit Kumar Chaudhary, has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 02.03.2021 passed in Cr. Misc. No.
966 of 2021 and other co-accused persons namely Mani Bhushan @ Manav Chaubey and Sohan Kumar Patel have also been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 25.09.2020 passed in Cr. Misc. No. 18909 of 2020 and petitioner has been remanded in this case from Majhauliya P.S. Case No. 303 of 2018. The police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 19.11.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries
3/4 nine more cases other than the present one but he fairly submits that out of nine cases, the petitioner is on bail in eight cases, and rest one case is pending for consideration before the competent Court of law, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner, above named, 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 learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Majhauliya P.S. Case No. 477 of 2018, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for
4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T