Jharkhand High Court
Habadi Murmu @ Habdi Murmu @ Sahebran ... vs The State Of Jharkhand ... Opposite ... on 27 February, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1349 of 2025
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Habadi Murmu @ Habdi Murmu @ Sahebran Murmu, aged
about 39 years, son of Chuni Murmu, resident of Village Bada
Taldih, P.O.-Amrapara, P.S.-Amrapara, Dist.-Pakur
(Jharkhand) ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Suraj Singh, Advocate
: Mr. Prashant Kr. Rahul, Advocate
For the State : Mr. Rakesh Ranjan, Addl. P.P.
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Order No.02 Dated- 27.02.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this
Court for grant of privilege of anticipatory bail in connection with
Amrapara P.S. Case No.33 of 2018 (S.T. No. 86 of 2024) registered
for the offences punishable under sections 399/333/307/402 of the
Indian Penal Code and under Section 25(1-b)a/26/27 of Arms Act.
The Learned counsel for the petitioner submits that the
allegation against the petitioner is that the petitioner along with co-
accused persons were preparing to commit dacoity and when the
police party raided the spot where they assembled, they fired upon
the police and sprinkles of which hit the chowkidar. It is further
submitted that the allegations against the petitioner are all false
and this is an old case. It is next submitted that the petitioner has
no criminal antecedent as has been mentioned in paragraph no. 15
of the anticipatory bail application and the petitioner has been
implicated in this case only on the basis of the confessional
statement of the co-accused person. It is further submitted that no
notice under Section 41A of Cr.P.C. has been issued to the
petitioner. It is also submitted that co-accused-Pargana Soren and
Sideshwar Maraiya on the basis of whose confessional statement
the petitioner has been implicated in this case has since been
acquitted vide judgment date 21.08.2019 in Sessions Trial No. 107
of 2018. It is then submitted that the petitioner undertakes to
furnish sufficient security including cash security and also
undertakes to cooperate with the investigation of the case and
further undertakes that he waives his right to be put on Test
Identification Parade and undertakes that he will not question his
identification by the witnesses in court, during the trial, on the
ground that he was not put to Test Identification Parade. Hence, it
is submitted that the petitioner be given the privilege of
anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of
anticipatory bail.
Considering the submissions of the counsels and the fact as
discussed above, I am of the opinion that it is a fit case where the
abovenamed petitioner be given the privilege of anticipatory bail.
Hence, in the event of his arrest or surrender within a period of six
weeks from the date of this order, he shall be released on bail on
depositing cash security of Rs. 20,000/- and on furnishing bail
bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of learned A.S.J.-
I, Pakur, in connection with Amrapara P.S. Case No.33 of 2018 (S.T.
No. 86 of 2024) with the condition that the petitioner will co-
operate with the investigation of the case and appear before the
investigating officer as and when noticed by him and furnish his
mobile number and photocopy of the Aadhar Card with an
undertaking that he will not change his mobile number during the
pendency of the case with further condition that he will not
question his identification by the witnesses in court during the trial
on the ground that he was not put to Test Identification Parade
and further conditions as laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-
