Tempa Murmu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48448 of 2016 Arising Out of PS.Case No. -183 Year- 2016 Thana -KATORIA District- BANKA ======================================================

1. Tempa Murmu, Son of Late Jetha Murmu

2. Nunu Lal Murmu

3. Kistu Murmu @ Kesto Murmu, Both are sons of Tempa Murmu All residents of Village - Mukunda

4. Lodra Murmu Son of Late Radhe Murmu

5. Saheb Lal Murmu Son of Lodra Murmu, Both are residents of Village - Kala Hajari, P.S. - Katoriya Jaipur, District - Banka .... Petitioners

Versus

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

For the Petitioners : Mr. Nurul Hoda, Adv. For the Opposite Party : Mr. Pranav Kumar, APP 207 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 324, 307, 325 and 147 of the Indian Penal Code.

For land dispute the petitioners allegedly assaulted the informant. Specific allegation of commission of injury at the head of the informant is against petitioner no. 1, Tempa Murmu. The doctor has found head injury on the informant. Petitioner no. 1, Tempa Murmu, had knowledge that his act might cause death, hence, I am not inclined to enlarge Tempara Murmu on anticipatory bail.

There is general and omni bus allegation against other petitioners of assault and there is case and counter case. Considering the aforesaid fact, the petitioners 2, 3, 4 and 5, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be

Patna High Court Cr.Misc. No.48448 of 2016 (2) dt.09-12-2016 released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) ach with two sureties of the like amount each in connection with Katoriya P.S. Case No. 183 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, I, Banka, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √