Bhagwan Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41784 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- JALALGARH District- Purnia ====================================================== Bhagwan Murmu Son of Dhanna Murmu Resident of Village - Piparpati, Ward No.11 (Santhan Toli), P.s.- Jalalgarh, Distt.- Purnea. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Jalalgarh P.S Case No. 33 of 2021 registered for the offence punishable under Section 302/34 of the Indian Penal Code. As per the prosecution, the informant's husband was murdered by this petitioner along with other co-accused presons and the dead body of the deceased was found lying in the courtyard of Barku Murmu.

The main submissions advanced by learned counsel Mr. Ajit Kumar Singh appearing for the petitioner are that

Patna High Court CR. MISC. No.41784 of 2022(2) dt.17-11-2022 2/3 altogether twenty-one accused persons including the petitioner were alleged to have murdered the husband of the informant, as per the Post-Mortem report of the deceased the cause of death was opined to be Asphyxia as a result of throttling and for this, twenty-one persons cannot be held responsible altogetherly, in fact the informant is not eye-witness to the alleged occurrence and she simply raised suspicion against several persons and in this case eight co-accused persons having same nature of allegation have been granted regular bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 44976 of 2021 and the petitioner has been languishing in jail since 12.08.2021. Learned APP Mr.

Narendra Kumar Singh appearing for the State has opposed the prayer for bail. Heard both the sides and perused the FIR.

Patna High Court CR. MISC. No.41784 of 2022(2) dt.17-11-2022 3/3 against the co-accused persons including the petitioner. Considering these facts as well as above submissions and mainly the custody period of the petitioner and also the fact that similarly situated eight co-accused persons are on bail granted by a co-ordinate Bench of this Court, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Purnea in connection with Jalalgarh P.S Case No. 33 of 2021.

(Shailendra Singh, J.) annu/- U T