Ganesh MurmuversusThe Stated of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22397 of 2026
                          Arising Out of PS. Case No.-31 Year-2025 Thana- Baliya District- Purnia
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                 Ganesh Murmu S/O Sanjhla Murmu Resident of village - Mosu Tola
                 Madhwapur, P.S. - Balia, Distict - Purnea
                                                                   ... ... Petitioner/s
                                                     Versus
                 The Stated of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Raj Kumar, Adv.
                 For the Opposite Party/s :         Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   07-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Balia P.S. Case No.31 of 2025 registered for the offence

                   under Sections 103(1), 123, 3(5) of BNS.

                                3. As per prosecution case, the petitioner had an affair

                   with Shanti Devi wife of the deceased and he along with his

                   lover Shanti Devi killed informant’s elder brother, Akhilesh

                   Sharma by assaulting him and poisoning him.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence and he has

                   falsely been implicated in this case. Learned counsel for the

                   petitioner next submits that there is no eyewitness in this case

                   and merely on suspicion the petitioner has been implicated in

                   this case. Learned counsel for the petitioner also submits that
Patna High Court CR. MISC. No.22397 of 2026(3) dt.07-05-2026
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          petitioner was not present on the place of occurrence. Lastly

          submits that the petitioner is having no criminal antecedent.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. The allegation against the petitioner in the FIR is

          that the petitioner had an affair with Shanti Devi wife of the

          deceased, and therefore, he along with his lover Shanti Devi is

          accused of killing informant’s elder brother, Akhilesh Sharma

          (husband of Shanti Devi) by assaulting him and poisoning him.

          There is no eyewitness in this case and prima facie it appears

          that the petitioner has been implicated merely on suspicion, just

          because he is alleged to be having affair with wife of the

          deceased. Otherwise the petitioner is having no criminal

          antecedent. Under these circumstances, I am inclined to grant

          anticipatory bail to the petitioner.

                       7. Accordingly, the petitioner above named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          anticipatory bail on his furnishing bail-bonds in the sum of

          Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Judicial

          Magistrate, Ist Class, Purnea in connection with Balia P.S. Case
          Patna High Court CR. MISC. No.22397 of 2026(3) dt.07-05-2026
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                    No.31 of 2025, subject to the conditions laid down under

                    Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

                    with following conditions:

                                 (i)    the     petitioner      shall    co-operate   in   the

                    investigation/trial.

                                 (ii) the learned Court would, however, verify the

                    criminal antecedent of the petitioner and in case it is found that

                    the petitioner has concealed his criminal antecedent, the Court

                    below shall take step for cancellation of bail bond of the

                    petitioner. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.


                                              (Alok Kumar Sinha, J)

Prakash Narayan
U      T