Boby Kumar @ Bauby Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2972 of 2025 Arising Out of PS. Case No.-872 Year-2023 Thana- FATUA District- Patna ====================================================== Boby Kumar @ Bauby Kumar Son of Ashok Das @ Ashok Mochi Resident of Village - Khokhna, Police Station - Fatuha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-02-2025 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Fatuha P.S. Case no. 872 of 2023 registered under sections 307, 341, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, five named accused persons including the petitioner herein surrounded the son of the informant and quarrel started. Thereafter, it is stated that coaccused Mohan Kumar stabbed him with a knife in his stomach as a result of which he fell down injured. The accused persons ran away.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The specific overt-act as alleged in the FIR is against co-accused Mohan Kumar and not the petitioner herein. The petitioner has

Patna High Court CR. MISC. No.2972 of 2025(2) dt.15-02-2025 2/2 no criminal antecedent. Coaccused Raushan Kumar and Ranjan Kumar have been enlarged on bail vide order dated 20.7.2024 passed in Cr.Misc.no.43080 of 2024.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the specific overt-act being against co-accused Mohan Kumar, the petitioner not having any criminal antecedent and coaccused Raushan Kumar and Ranjan Kumar having been enlarged on bail vide order dated 20.7.2024, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Fatuha P.S. Case no. 872 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateI, Patna City at Patna. (Partha Sarthy, J) Bibhash/- U T