Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88786 of 2025 Arising Out of PS. Case No.-424 Year-2023 Thana- ATRI District- Gaya ====================================================== Babloo Kumar S/o Nandlal Sharma R/o Village - Malbigha P.S- Atri, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Atri P.S. Case No. 424 of 2023 instituted for the offences under Sections 302, 504, 506, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that due to a dispute over irrigation of land, the accused persons including the petitioner allegedly came armed with lathi, danda, khanti and iron rod, abused and assaulted the informant's husband, causing his death.

4. Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.88786 of 2025(2) dt.15-01-2026 2/3 the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioners that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is further submitted that the dispute arose over irrigation of land, wherein the accused persons including the petitioner, formed an unlawful assembly armed with deadly weapons, assaulted the deceased due to which he died and therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, in my view, this is not a fit case for anticipatory bail, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own

Patna High Court CR. MISC. No.88786 of 2025(2) dt.15-01-2026 3/3 merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Alok Verma/- U T