Bharat Kumar @ Bharat Nityam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25552 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- AMARPUR District- Banka ====================================================== 1.

Bharat Kumar @ Bharat Nityam S/O Dashrath Jha R/O House No.23, Ramnagar Colony, Mirjanhat, P.S Kutubganj, District-Bhagalpur At Present S.K.P. Vidya Vihar Residential School, Banka. 2.

Manas Kumar Pathak @ Manis Kumar @ Manis Kumar Pathak S/O Late Nalini Ranjan Pathak R/O Village-Sonar Danga, P.S-Indpur, DistrictSonardanga (WEST Bengal). At Present S.K.P. Vidya Vihar Residential School, Banka.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 120(B), 302 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that in a dispute arose among the students, the informant suspects that the accused persons might have caused death of his grandson. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.25552 of 2021(2) dt.07-03-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are teacher and principal of the school in question where some scuffle has taken place between the children. Hence, the names of the petitioners are being suspected in the present case by the informant. The informant is not an eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 100/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T