Patna High Court
Lakhan MurmuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The anticipatory bail application was denied because a specific allegation of causing a fatal injury was made against the petitioner.
Summary
The petitioner, Lakhan Murmu, was named in an FIR for assaulting an informant and others during a dispute over makhana crop, resulting in head injuries and the death of Daniel Marandi. The FIR originally charged him under Sections 191(2), 191(3), 190, 115(2), 118(1), 117(2), 109, 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023, with Section 103(2) later added. The petitioner sought anticipatory bail, asserting a clean antecedent and that the alleged assault was general in nature. The State opposed, highlighting the specific allegation that the petitioner caused the fatal head injury, as confirmed by the post‑mortem report. The Court, after considering the factual matrix, rejected the anticipatory bail application, holding that the specific charge of causing a fatal injury precludes grant of bail.
Issues considered
- What is the appropriate decision on the petitioner's application for anticipatory bail in light of the specific allegation of causing fatal head injuries?
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(2), 109, 115(2), 117(2), 118(1), 190, 191(2), 191(3), 351(2), 352
Subjects
- anticipatory bail
- assault
- homicide
- Bhartiya Nyaya Sanhita
- criminal procedure
- clean antecedent
- crop dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40065 of 2026
Arising Out of PS. Case No.-206 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Lakhan Murmu, S/o Late Bhima Murmu, R/o village - Khaira, P.S.- Muffasil,
Distt- Katihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Muffasil P.S. Case
No.206 of 2025 registered under Sections 191(2), 191(3),
190, 115(2), 118(1), 117(2), 109, 352, 351(2) of the
Bhartiya Nyaya Sanhita, 2023 but, subsequently, Section
103(2) of the BNS was added.
3. As per FIR, the petitioner along with several
other named co-accused persons and unknown alleged to
assault the informant and others during the course of
occurrence causing head injuries, whereafter during
treatment, one of the injured namely, Daniel Marandi
Patna High Court CR. MISC. No.40065 of 2026(2) dt.23-06-2026
2/2
succumbed to the injuries.
4. It is submitted by learned counsel appearing for
petitioner that the occurrence took place in the background
of dispute related with makhana crop claimed by both the
parties. It is pointed out that the allegation to assault the
deceased is available against two accused persons including
petitioner and, therefore, in view of same, it can be safely
said that the assault alleged was general and omnibus in
nature. Petitioner claimed clean antecedent.
5. Learned APP while opposing the prayer of bail
submitted that the allegation of causing head assault is
available against this petitioner, which as per postmortem
report proved fatal.
6. In view of aforesaid factual submissions and by
taking of note of fact as specific allegation is available
against this petitioner to cause fatal head injuries,
accordingly, the prayer of anticipatory bail of petitioner
stands rejected.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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