Arun Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69977 of 2018 Arising Out of PS. Case No.-452 Year-2018 Thana- KOTWALI District- Patna ====================================================== Arun Kumar Sharma, S/o Upendra Sharma, aged about 33 years, R/o Chhoti Balia, P.S.- Balia, District- Begusarai.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. B.S.E.B. Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Sager Sharma For the Opposite Party/s :

Mr. Sri Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 452 of 2018 instituted for the offence under Section(s) 417/418/419/420/466/467/468/471/120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. The three member enquiry committee constituted had also not found any allegation of overt act against this petitioner.The petitioner is not the employee of the Bihar School Examination Board. The name of this petitioner has come during investigation in the confessional statement of co-accused Suman Kumari. It has

Patna High Court Cr.Misc. No.69977 of 2018(2) dt.03-12-2018 2/2 further been submitted that petitioner is neither the school teacher nor service man of the Bihar School Examination Board It is further pointed out that co-accused of this case, namely, Amitesh Kumar and Jata Shankar Mishra have been granted regular bail by this Court as well as co-ordinate Bench of this Court vide Cr. Misc. nos. 66600 of 2018 and 64445 of 2018 Petitioner is in custody since 21.7.2018 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 452 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T