Keshav Kumar Jha @ Keshav Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40034 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- TARABARI District- Araria ====================================================== Keshav Kumar Jha @ Keshav Jha S/o Babu Jha R/o Village- Bhattabadi, Ward No. 13, P.O.- Bhojpur, P.S.- Tarabadi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar For the Opposite Party/s :
Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2025
1. 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 the offences punishable under Sections 103(1), 3(5) of the B.N.S.S.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that someone on 26.02.2025 at 8.00 P.M. called his brother from the courtyard, on account of which, his brother woke up and came out of the house, after sometime the Bhabhi of the informant also went outside to see but came back inside the house finding no one outside, further on 27.02.2025 at 6.00 A.M. the informant went for jogging where he saw the dead body of his brother lying near a tank in Khel ground. It is further
Patna High Court CR. MISC. No.40034 of 2025(3) dt.01-09-2025 2/3 alleged that thereafter the family members disclosed that the petitioner in the night had called his brother.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no one had seen the petitioner accompanying the deceased from the house. It is also submitted that it does not appear probable that petitioner would have been involved in the occurrence for the reason that if petitioner had any intention of committing the occurrence, in that event, he would not have gone to the house of informant for calling the deceased knowing that everyone in the family knows him. It is also submitted that it absolutely does not stand to reason that if the family members were aware that deceased had accompanied the petitioner at 8.00 P.M. in the night then why the family members of the deceased did not go to the house of the petitioner searching the deceased, when he did not return to the house in the night. It is further submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.40034 of 2025(3) dt.01-09-2025 3/3
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tarabadi P.S. Case No.19/2025, subject to the conditions as laid down under Section 482(2) B.N.S.S.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) amit/- U T