Madan Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31320 of 2026 Arising Out of PS. Case No.-206 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Madan Murmu S/o Bhima Murmu R/o Khaira, P.S - Muffasil, Distt- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-05-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Muffasil P.S. Case No. 206 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 118(1), 117(2), 109, 352, 351(2) of BNS, added Section 103(2) of BNS.

3. As per FIR, the petitioner alongwith 12 named co-accused persons alleged to involved in assaulting deceased, namely, Daniyal Marndi during the course of occurrence, where the informant and his family members were also assaulted and received head and bodily injuries.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.31320 of 2026(2) dt.14-05-2026 2/3 behalf of the petitioner that the petitioner implicated with present crime in question only with ornamental allegation being the member of the opposite group. It is submitted that the allegation of assault which led to death of Danial Marandi is available against Arjun Murmu and Lakhan Murmu, who are not the petitioners for the present. It is submitted that the allegation against petitioner is to assault the informant on his head but no such injury upon medical examination was found upon, which also negate the false implication of petitioner with present crime in question. It is submitted that considering the aforesaid aspects, four accused persons, namely, Binod Murmu, Amit Murmu, Talababu Murmu @ Mangal Murmu and Bhima Murmu were granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 19673 of 2026 dated 08.04.2026.

5. Explaining criminal antecedent, it is submitted that petitioner found involved in one more criminal case of petty nature, where he is on bail.

6. Learned APP opposed the prayer of bail.

7. In view of aforesaid factual submissions and by

Patna High Court CR. MISC. No.31320 of 2026(2) dt.14-05-2026 3/3 taking note of fact as allegation to assault to deceased is not available against this petitioner, rather in terms of allegation no injury was found on the head of informant, which alleged to be caused by this petitioner, creating a prima facie doubt qua his involvement with present crime in question, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar/concerned Court, where the case is pending in connection with Muffasil P.S. Case No. 206 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T