Belson Joan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17290 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- PUNPUN District- Patna ====================================================== Belson Joan Son of Raj Kumar Sao Resident of Mehdalichak, P.S.- Naubatpur, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Kumar, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP For the Informant :

Mr. Saroj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and Ms. Renu Kumari, learned APP for the State. Perused the case diary called for in Cr. Misc. No. 16516 of 2025.

2. The petitioner seek bail in connection with Sessions Trial No. 1515 of 2024 arising out of Punpun P.S. Case No. 197 of 2024 instituted for the offences under Sections 309(6), 103(1), 238, 61(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023.

3. Accusation against the accused persons including the petitioner is of being involved in committing murder of the deceased.

4. Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.17290 of 2025(4) dt.07-07-2025 2/3 petitioner has falsely been implicated in the present case at the instance of his enemies in collusion with the police. Petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case during investigation only on the basis of confessional statement of Sunny Kumar recorded before the police which has no evidentiary value in the eye of law and, except confessional statement, there is nothing adverse against the petitioner in the entire record of the case. Learned counsel further submitted that there is no material against the petitioner to show the involvement of petitioner in the alleged commission of murder of the deceased.

There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. It is next submitted that petitioner has no criminal antecedent and is in custody since 16.08.2024. Learned counsel for the petitioner again submits that the co-accused namely Rajeeve Ranjan, Sanjay Kumar and Amod Kumar have been granted bail by this Court vide common order dated 17.02.2025 passed in Cr. Misc. No 79594 of 2024 and other analogous cases.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in

Patna High Court CR. MISC. No.17290 of 2025(4) dt.07-07-2025 3/3 nature. Learned APP further submitted that co-accused Sunny Kumar in his confessional statement has taken the name of the co-accused Anand, Belson and Rohit of holding Pravesh Kumar together and Sunny slit his throat with a knife and Rohit stabbed him in the stomach and Pravesh Kumar died at the spot. The postmortem report supports the prosecution case. Charge-sheet has been submitted in this case.

6. Having heard learned counsel for the parties and considering the nature and gravity of the offence as alleged against the petitioner as also taking into account the materials available on record, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T