Masilal Murmu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79199 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== Masilal Murmu S/O Thakur Murmu Res. of village - Dhuni Satmi Bansi Purandaha, P.S -Dhamdaha, District- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bidhu Ranjan, Adv.
For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Dhamdaha P.S. Case No. 278 of 2023 dated 03.12.2023 registered for the offences punishable u/ss 147, 148, 149, 323, 324, 325, 307, 379 and 302 of the Indian Penal Code.
3. As per the prosecution case, the F.I.R. named accused persons forcibly were cultivating the maize field of the informant. On being protested by the informant, the accused persons started assaulting the informant and his uncle, namely, Sanjay Thakur. It is further alleged that the co-accused Sanjit Sahni stabbed the knife on the back of the informant's uncle due to which he died.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.
Patna High Court CR. MISC. No.79199 of 2024(2) dt.18-02-2025 2/2 The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case during the course of investigation. There is a case and counter case between the parties. The specific allegation is levelled against the co-accused Sanjit Sahni. The allegation against the petitioner is general and omnibus. The co-accused persons have already been granted anticipatory bail by this court vide order dated 06.02.2025 passed in Cr. Misc. No. 77844 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Dhamdaha P.S. Case No. 278 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T