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Patna High Court

Lakhan MurmuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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