Tallu Murmu @ Talabu Tudu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16943 of 2021 Arising Out of PS. Case No.-481 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Tallu Murmu @ Talabu Tudu S/O Dakshin Murmu R/O Village-Belgatti, P.S.- K.Nagar, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 366 and 365 of the Indian Penal Code to which sections 302, 201 and 120B of the Indian Penal Code were added subsequently. As per prosecution case, informant received information in her Naihar about disappearance of her husband. She states that on making inquiries it transpired that her husband had gone with his tractor driver, the petitioner herein and Dakshin Murmu and thereafter did not return. It further transpired that he had also been seen with Santosh Yadav, Biren Mistry and Sanjay Mistry. She further states that land dispute is

Patna High Court CR. MISC. No.16943 of 2021(3) dt.02-09-2021 2/3 going on between her husband and Nanku Yadav and even on earlier occassion they have made an attempt on his life. She suspects the hand of the six accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Except for an unsubstantiated suspicion raised by the informant, there is no material either in the F.I.R. nor in course of investigation to connect the petitioner with the alleged crime. There is no eye witness to the occurrence. Investigation in the case has concluded and the only material being relied on by the prosecution is the confessional statement made before the police. The petitioner is in custody since 29.11.2019 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner having remained in custody for 1 year 9 months, the Court directs the petitioner to be enlarged on bail in connection with Krityanand Nagar P.S. Case no. 481 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.16943 of 2021(3) dt.02-09-2021 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Purnea.

(Partha Sarthy, J) Bibhash U