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2025 DAILYLAW 5007 (JHR)

BULAY MURMU v. THE STATE OF JHARKHAND

A.B.A./897/2025 · 2025-02-12

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.897 of 2025 ------ 1. Bulay Murmu, aged about 44 years, S/o Devasharan Murmu. 2. Bahalal Murmu, aged about 26 years, 3. Tapan Murmu, aged about 21 years, 4. Parmeshwar Murmu, aged about 17 years, son of Bulay Murmu 5. Manoj Kumar Murmu, aged about 16 years, No.2 to 5 are sons of Bulay Murmu 6. James Hembram @ James Hembrom @ Nemas Hembram, aged about 41 years, S/o Mantu Hembram, 7. Rameshwar Murmu, aged about 56 years, S/o Devsaran Murmu, 8. Lakhin Murmu @ Lakhindra Murmu, aged about 63 years, S/o Fuju Murmu All are resident of Village Gokhladih, P.O. Mejhia, P.S. Jamtara, District Jamtara (Jharkhand) .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Bhaiya V. Kumar, Advocate Mr. Pranabesh Kr. Paul, Advocate For the State : Mr. Manoj Kr. Mishra, Addl. P.P ------ Order No.02 Dated- 12-02-2025 Heard the parties. Apprehending their arrest in connection with Jamtara P.S. Case No.91 of 2023 corresponding to G.R. No.215 of 2024 instituted under Sections 302, 201, 34, 120B of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons, committed the murder of one Sonamuni Tudu. It is submitted that the allegation against the petitioners is false. It is next submitted that the police after investigation of the case, did not send up the petitioners for trial and submitted Final Report on the ground that the allegations are mistake of fact. It is further submitted that as per the post-mortem report, the deceased died because of the food particles being stuck between the trachea and the wind pipe. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.5,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamtara in connection with Jamtara P.S. Case No.91 of 2023 corresponding to G.R. No.215 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/