Lakhan Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40065 of 2026 Arising Out of PS. Case No.-206 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Lakhan Murmu, S/o Late Bhima Murmu, R/o village - Khaira, P.S.- Muffasil, Distt- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Muffasil P.S. Case No.206 of 2025 registered under Sections 191(2), 191(3), 190, 115(2), 118(1), 117(2), 109, 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023 but, subsequently, Section 103(2) of the BNS was added.

3. As per FIR, the petitioner along with several other named co-accused persons and unknown alleged to assault the informant and others during the course of occurrence causing head injuries, whereafter during treatment, one of the injured namely, Daniel Marandi

Patna High Court CR. MISC. No.40065 of 2026(2) dt.23-06-2026 2/2 succumbed to the injuries.

4. It is submitted by learned counsel appearing for petitioner that the occurrence took place in the background of dispute related with makhana crop claimed by both the parties. It is pointed out that the allegation to assault the deceased is available against two accused persons including petitioner and, therefore, in view of same, it can be safely said that the assault alleged was general and omnibus in nature. Petitioner claimed clean antecedent.

5. Learned APP while opposing the prayer of bail submitted that the allegation of causing head assault is available against this petitioner, which as per postmortem report proved fatal.

6. In view of aforesaid factual submissions and by taking of note of fact as specific allegation is available against this petitioner to cause fatal head injuries, accordingly, the prayer of anticipatory bail of petitioner stands rejected.

(Chandra Shekhar Jha, J.) Sanjeet/- U T