Patna High Court

Babloo KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Babloo Kumar, applied for anticipatory bail fearing arrest in a case (Atri P.S. Case No. 424 of 2023) involving alleged murder, assault, and unlawful assembly under IPC sections 302, 504, 506 and 34. The prosecution alleged that a land irrigation dispute led the accused, including the petitioner, to assault the informant's husband with weapons, resulting in his death. The petitioner contended that the allegations were vague, no specific overt act was ascribed to him, and he had no prior criminal record. The State opposed bail, emphasizing the seriousness of the offences and the armed nature of the alleged assembly. The Court, after considering the gravity of the charges and the lack of a specific act against the petitioner, declined to grant anticipatory bail, directing that regular bail could be sought upon surrender within six weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the alleged offences under IPC sections 302, 504, 506 and 34.
Whether the prosecution has sufficiently alleged a specific overt act by the petitioner to justify anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438
Indian Penal Code — s. 302, 34, 504, 506

Subjects

anticipatory bail
bail
Indian Penal Code
Criminal Procedure Code
murder
assault
unlawful assembly
Section 438
Section 302
Section 504
Section 506
Section 34

Judgment

                      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

2   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
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          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

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