Vijay Besra Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Vijay Besra Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all five petitioners: on arrest by police or surrender within six weeks from the date of the order, to be released on bail on depositing Rs. 25,000/- each as cash security and furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of learned CJM, Giridih, subject to conditions including non-interference with the informant, cooperation with investigation, and the conditions under section 482 (2) of BNSS, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Bengabad P.S. Case No. 110 of 2024, are entitled to the privilege of anticipatory bail.

Court's answer

The Court was inclined to grant the privilege of anticipatory bail to the petitioners; in the event of arrest or surrender within six weeks from the date of the order, they were to be released on bail on depositing Rs. 25,000/- each as cash security and on furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount to the satisfaction of learned CJM, Giridih.

Ratio / Principle

The grant of anticipatory bail was made subject to conditions that the petitioners will not annoy or disturb the informant during pendency of the case, will co-operate with the investigation, will appear before the Investigating Officer as and when noticed, will submit mobile number and photocopy of Aadhaar card at the time of surrender with an undertaking not to change the mobile phone number, along with the other conditions laid down under section 482 (2) of BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Apprehending arrest in Bengabad P.S. Case No. 110 of 2024 for offences punishable under Sections 126 (2), 115 (2), 109/ 3 (5) of the BNS, 2023 and Section 27 of Arms Act (alleged attempt to murder the informant by firing, in furtherance of common intention with co-accused), the five petitioners were held entitled to the privilege of anticipatory bail. On arrest or surrender within six weeks from the date of the order, they are to be released on bail on depositing Rs. 25,000/- each as cash security and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Giridih. Conditions imposed: petitioners shall not annoy or disturb the informant during pendency of the case, shall co-operate with the investigation, shall appear before the Investigating Officer as and when noticed, and shall submit mobile number and photocopy of Aadhaar card at the time of surrender with an undertaking not to change the mobile phone number, along with the other conditions laid down under section 482 (2) of BNSS, 2023. (Anil Kumar Choudhary, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1737 of 2025

Vijay Besra Age 28 years Son of Munsu Besra

Munshi Besra Age 60 years Son of Lotho Besra

Nirmal Besra Age 40 years Son of Lakhiram Besra

Lakhiram Besra @ Lakhiram Age 70 years Son of Madana Besra

Baburam Besra Age 40 years Son of Lakhiram Besra @ Lakhiram All Resident of Village Madhwadih Post office Maheshmunda P.S Bengabad, District- Giridih, Jharkhand

… Petitioners

Versus

The State of Jharkhand … opp. party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Prabhas Ch. Sinha , Adv. For the State : Mr. Sanat Kr. Jha , Addl.. PP For the informant : Mr. Avishek Chandra , Adv.

02 / 18.03.2025 Heard the parties.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Bengabad P.S. Case No. 110 of 2024 registered for the offences punishable under Sections 126 (2), 115 (2), 109/ 3 (5) of the BNS, 2023, and Section 27 of Arms Act.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of the common intention with the co-accused persons, attempted to murder the informant by firing upon him. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 9 of the anticipatory bail application and no injury has been sustained by anybody in the alleged occurrence. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also undertakes to furnish

sufficient security including cash security and they undertake not to annoy or disturb the informant in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on depositing Rs. 25,000/- each as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Giridih in connection with Bengabad P.S. Case No. 110 of 2024 subject to the condition that the petitioners will not annoy or disturb the informant in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023.

(ANIL KUMAR CHOUDHARY, J.)

Smita/-