Patna High Court
Suraj Murmu @ Suraj Hansda @ Suraj HansdahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, finding no specific allegation against him and noting that co‑accused had been released on bail.
Summary
Suraj Murmu, accused in a case involving alleged Naxalite conspiracy and multiple offences under the Indian Penal Code and the Unlawful Activities (Prevention) Act, has been in custody since 30 January 2025. He filed a bail application, contending that the FIR contains only a generic allegation against him and that no specific assault or overt act is attributed to him. The prosecution opposed bail, citing four prior criminal antecedents, but the petitioner argued that co‑accused individuals had already been granted bail in similar circumstances. The court observed the lack of specific allegations against the petitioner and noted the precedent of bail being granted to co‑accused. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to an accused charged under multiple IPC and UAPA provisions in the absence of specific allegations against him
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Indian Penal Code — s. 120B, 147, 148, 149, 307, 323, 341, 385, 387, 427, 436
- Unlawful Activities (Prevention) Act — s. 16, 17, 18, 20
Subjects
- bail
- Indian Penal Code
- UAPA
- Naxalite
- criminal antecedent
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26953 of 2026
Arising Out of PS. Case No.-79 Year-2021 Thana- KAJRA District- Lakhisarai
======================================================
Suraj Murmu @ Suraj Hansda @ Suraj Hansdah S/O Barku Murmu R/o Vill.-
Rarodih, P.S.- Kharagpur, District- Munger, and also at Village Gordhu
Hathiya, P.S.- Haveli Kharagpur, District- Munger
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Ravish Mishra, learned counsel for the
petitioner as well as Mr. Rajendra Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.01.2025 in connection with Kajra P.S. Case No. 79/2021,
F.I.R. dated 26.08.2021 for the offences punishable under
Sections 147, 148, 149, 341, 323, 307, 427, 436, 385, 387 and
120B of the Indian Penal Code and Sections 16, 17, 18 and 20
of the U.A.P. Act.
3. According to prosecution case, all the accused
persons including the petitioner who are the members of
naxalite group with conspiracy assaulted the labourer with
intention to terrorize them and also threatened them to pay Rs.
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10 lakhs as levy.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. From a bare perusal of the FIR it appears that
there is no specific allegation of any assault or overt act
attributed against against the petitioner rather there is general
and omnibus allegation against the petitioner. Till date no TIP
has been conducted by the prosecution. The co-accused person,
namely, Pappu Kumar has been granted regular bail by this
Hon’ble Court vide order dated 11.07.2023 passed in Cr. Misc.
No. 9778/2023. He further submits that similarly situated co-
accused, namely, Kailu Kora @ Kailash Kora has been granted
bail by a co-ordinate Bench of this Hon’ble Court vide order
dated 06.01.2023 passed in Cr. Misc. No. 20273/2022. He
further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 30.01.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries four criminal antecedents other
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than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in all the cases.
6. Considering the aforesaid facts and circumstances,
there is no specific allegation of any assault or overt act
attributed against against the petitioner rather there is general
and omnibus allegation against the petitioner and the co-accused
persons have been granted bail by a co-ordinate Bench of this
Hon’ble Court and by this Court, let the petitioner, above
named, be released 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 learned C.J.M, Lakhisarai in
connection with Kajra P.S. Case No. 79/2021, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
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iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage 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, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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