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Patna High Court

Bijendra MurmuversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court denied bail to the petitioner.

Summary

Bijendra Murmu was arrested on 29-10-2022 in connection with FIR No.335 of 2022 alleging assault and later murder (Sections 341, 323, 307, 504, 506 and 302 IPC). He applied for bail, claiming a clean antecedent and that the FIR was fabricated. The State opposed, emphasizing the specific allegations of assault and murder. The trial court report indicated that all charge‑sheeted witnesses and the investigating officer had been examined and the case was scheduled for the accused's statement under Section 313 CrPC. Considering the seriousness of the offences and the stage of the trial, the High Court refused bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the accused in a case involving multiple offences including murder, given the stage of the trial and the nature of the allegations.

Legislation cited

Subjects

  • bail
  • murder
  • assault
  • IPC
  • CrPC
  • trial expediting
  • false FIR
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86656 of 2025
                       Arising Out of PS. Case No.-335 Year-2022 Thana- DAGARUA District- Purnia
                 ======================================================
                 Bijendra Murmu S/o Kumar Murmu R/o Village- Matiyari Baksha Ghat,
                 Ward No 12, Chunapur Hawai Adda, P.S.- K. Nagar, District- Purnia

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vivekanand Singh, Advocate
                 For the Opposite Party/s :       Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-03-2026                     Heard Mr.Vivekanand Singh, learned counsel

                   for the petitioner and Mr.Shailendra Kumar,                             learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody

                   since 29.10.2022 in connection with S.Tr.No.575 of 2023

                   arising out of Dagarua P.S. Case No. 335 of 2022, F.I.R.

                   dated 28.10.2022 registered for the offence punishable

                   under Sections 341,323,307,504,506 of IPC later on Section

                   302 of IPC was added.

                                3. As per FIR, allegation against the petitioner is

                   that he assaulted the deceased brutally including on her

                   private part by Khanti and she succumbed to her injury.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86656 of 2025(3) dt.30-03-2026
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          the petitioner has clean antecedent. The allegation as

          alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the FIR.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits

          that from a bare perusal of the FIR it appears that there is

          direct and specific allegation of assault attributed against

          the petitioner as alleged in the FIR.

                       6. Vide order dated 18.12.2025, a report was

          called for with regard to the present stage of the trial.

          Report of the learned Trial Court dated 09.02.2026 reveals

          that all chargesheeted witnesses including I.O. and Doctor

          have already been examined and the case was fixed on

          11.02.2026 for statement of accused under Section 313 of

          Cr.P.C.

                       7. Considering the aforesaid facts as well as the

          record of the learned Trial Court,                   I am not inclined to

          enlarge the petitioner on bail in connection with

          S.Tr.No.575 of 2023 arising out of Dagarua P.S. Case No.

          335 of 2022, pending in the court of learned Sessions Judge,

          Purnea.
               Patna High Court CR. MISC. No.86656 of 2025(3) dt.30-03-2026
                                                           3/3




                                      8. Prayer is refused.

                                      9. However, the learned Trial Court is directed to

                         expedite the trial and conclude the same at the earliest.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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