Patna High Court

CR. MISC./50609/2026 of Nand Kishore Dubey Vs The State of Bihar on 13 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50609 of 2026 Arising Out of PS. Case No.-35 Year-2021 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1. Nand Kishore Dubey S/o Late Rijhaan Dubey R/o Village - Bokane Kala, P.S - Patahi,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50609 of 2026

Arising Out of PS. Case No.-35 Year-2021 Thana- PAKRIDAYAL District- East Champaran

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

1.

Nand Kishore Dubey S/o Late Rijhaan Dubey R/o Village - Bokane Kala, P.S - Patahi, District - East Champaran

2.

Abhimanyu Kumar @ Abhimanyu Dubey S/o Ramadhar Dubey R/o Village

- Bokane Kala, P.S - Patahi, District - East Champaran

3.

Sonu Kumar @ Manu Dubey @ Sonu Dubey S/o Ramadhar Dubey R/o Village - Bokane Kala, P.S - Patahi, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

Appearance :

For the Petitioner/s

:

Mr. Prateek Tandon, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

13-08-2026

1. Heard learned counsel for the petitioners and learned A.P.P., Mr. Rabindra Kumar for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 120B, 420, 465, 467, 468 and 471 of the IPC.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that her father had given the land in dispute to her on which a house was constructed and she was living in the house, further petitioner nos. 1 and 2 along with Bachi Devi sold the land to Lalan Dubey. It is next alleged that the sale deed was Patna High Court CR. MISC. No.50609 of 2026(2) dt.13-08-2026

executed by Mustaq, Nand Kishore and Ram Balak are witnesses on the sale deed.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that the land belongs to petitioner nos. 1 and 2 and they sold the land in favor of Lalan Kumar Dubey who is not a petitioner in the instant case. It is also submitted that charge-sheet in the case has been submitted, on which the Court queried that whether during the course of investigation, the petitioners were on police bail or given notice under Section 41(A) Cr.P.C., on which the learned counsel appearing on behalf of the petitioners fairly submits that petitioners were neither on police bail nor notice under Section 41(A) Cr.P.C. was given, on which the learned APP submits that if petitioners were not on police bail nor notice under Section 41(A) Cr.P.C. was given that amply demonstrates that the petitioners were absconding. It is also submitted that the case is of the year 2020 and the petitioners in 2025 for the first time approached the learned District Court seeking anticipatory bail which came to be rejected on 25.08.2025 and thereafter the petitioners moved this Court at their leisure in the month of July, 2026 i.e. nearly after one year of the anticipatory bail Patna High Court CR. MISC. No.50609 of 2026(2) dt.13-08-2026

application being rejected by the learned District Court. The learned APP thus submits that Court does not come to rescue of those who move at their leisure.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submission made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.

7. Accordingly, the application stands rejected.

rajesh/- (Satyavrat Verma, J) U T

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