Pashupati Nath Dubey v. The State Of Bihar
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 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 prearrest 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