Jeet Lal Besra @ Jitlal Besra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24528 of 2024 Arising Out of PS. Case No.-105 Year-2022 Thana- KASBA District- Purnia ====================================================== Jeet Lal Besra @ Jitlal Besra son of Robin Besra @ Govind Kumar Besra Resident of Baraitha, P.S.- Garhbanaili, Dist.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for offence under Sections 302, 201, 120(B) of the Indian Penal Code.
3. As per prosecution case, husband of the informant had gone to the place of his relative Robin Besra at village Bareta, P.S. Kasba, but he did not return. On 09.04.2022, cousin sister of husband of informant informed the informant on phone that informant's husband had come to village Basantpur with a bicycle and mobile phone and this petitioner alongwith other F.I.R. named co-accused persons were assaulting him. On receipt of this information, the informant rushed there, but she did not find her husband nor the accused persons were present at
Patna High Court CR. MISC. No.24528 of 2024(2) dt.24-04-2024 2/3 their house and house was locked. The informant suspects that all the F.I.R. named accused persons including this petitioner have killed her husband and disappeared the dead-body.
4. It is submitted on behalf of petitioner that informant is not eye-witness to the occurrence. F.I.R. has been lodged after a delay of three days and only on suspicion, petitioner has been made accused in this case. It is further submitted that on the basis of confessional statement of co-accused Robin @ Govind Besra, name of petitioner has transpired, and on his disclosure, a dead-body was found submerged in water, which was examined by the Department of Forensic Medicine and Toxicology, Bhagalpur, in which, it is said that the deceased might have died 20 to 40 days prior to the alleged occurrence, which itself falsifies the prosecution case. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.24528 of 2024(2) dt.24-04-2024 3/3 A.D.J. - IV, Purnea in connection with S.Tr. No. 385 of 2022, arising out of Kasba P.S. Case No. 105 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T