Sanjay Dubey Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Sanjay Dubey Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within eight weeks, the petitioners to be enlarged on bail on bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-1st, Bhojpur at Ara, in connection with Piro (Hasan Bazar) P.S. Case No. 259 of 2017, subject to conditions under section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners, who apprehend arrest in connection with the case registered for offences punishable under Sections 302 and 34 of the Indian Penal Code. +1 more

Court's answer

In the event of arrest or surrender within eight weeks, the petitioners were ordered to be enlarged on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-1st, Bhojpur at Ara, in connection with Piro (Hasan Bazar) P.S. Case No. 259 of 2017, subject to the conditions laid down under section 438(2) of the Cr.P.C.

Ratio / Principle

The court grounded its decision on the nature of the accusation and on the fact that the police had submitted a final form against the petitioners.

Detailed headnote1 paragraphs

Anticipatory bail allowed. Petitioners Sanjay Dubey and Rakesh Dubey, apprehending arrest in Piro (Hasan Bazar) P.S. Case No. 259 of 2017 registered for offences under Sections 302 and 34 of the Indian Penal Code (alleged killing of the informant's cousin Kedar Bin, said to arise from a money dispute at the Rajshree Hotel owned by the petitioners), were held entitled, in the event of arrest or surrender within eight weeks, to be enlarged on bail on bail bonds of Rs.10,000/- each with two sureties of the like amount each before the learned A.C.J.M.-1st, Bhojpur at Ara, subject to the conditions under section 438(2) of the Cr.P.C.; the decision rested on the nature of the accusation and on the police having submitted a final form against the petitioners even though the court below had taken cognizance.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51315 of 2025

Arising Out of PS. Case No.-259 Year-2017 Thana- PIRO District- Bhojpur

======================================================

Sanjay Dubey S/O Dhaneshwar Dubey R/O Village- Nagraon, P.SCharpokhari, District- Bhojpur.

Rakesh Dubey S/O Dhaneshwar Dubey R/O Village- Nagraon, P.SCharpokhari, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Diwakar, Advocate : Ms. Priya Kumari, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 03-11-2025

Heard learned counsel for the petitioners and the

State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

As per F.I.R., on 01.10.2017 at 02:00 P.M., the informant came to know that his cousin namely Kedar Bin was killed by these two petitioners who were owners of the Rajshree Hotel where he (deceased) was working from the last one month owing to money dispute, and the dead body of the deceased was thrown.

It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.51315 of 2025(3) dt.03-11-2025 2/2

informant is not the eye witness of the occurrence and only suspicion has been raised against these petitioners. After investigation police submitted final form against these petitioners differing with the same, court below has taken cognizance.

Learned counsel for the State oppose the bail

petition.

Considering the nature of accusation and the fact that police submitted final form against these petitioners, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Bhojpur at Ara in connection with Piro (Hasan Bazar) P.S. Case No. 259 of 2017, subject to the conditions laid down under section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J)

AjayMishra/-

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