Patna High CourtCR. MISC./56773/2018bail granted

Lucky Kumar v. The State Of Bihar

2019-07-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56773 of 2018 Arising Out of PS. Case No.-396 Year-2018 Thana- FATUA District- Patna ====================================================== Lucky Kumar, S/o Late Sanjay Singh, R/o Devichak, P.S.- Fatuha, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Aggarwal, Senior Advocate Mr. Dhananjaya Nath Tiwari,Advocate Miss. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, APP For the Informant :

Mr. Rudra Dev, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2019 This is an application for grant of anticipatory bail in connection with Fatuha P. S. Case No. 396 of 2018, disclosing offences under Sections 302, 34, 120B of IPC. From the F.I.R. it appears that one student of the school at Fatuha was found dead and there was apprehension against the Principal, this petitioner and other accused persons. Submission of the learned counsel for the petitioner is that during investigation up till now no material has come against the petitioner except that he is named in the F.I.R. The statement of some witnesses have been recorded under Section 164 of Cr.P.C. He further submitted that the Principal of the school has also been granted anticipatory bail by a Co-ordinate

Patna High Court CR. MISC. No.56773 of 2018(3) dt.12-07-2019 2/2 Bench of this Court, vide order dated 15.05.2019 passed in Criminal Misc. N.53177 of 2018. The petitioner happens to be the owner of the school building.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, they also could not bring any fact to point out any allegation against the petitioner or any circumstances against him.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Patna City, in connection with Fatuha P. S. Case No. 396 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T