Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19472 of 2016 Arising Out of PS.Case No. -1015 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Gunjan Kumar, S/o Bindeshwari Ram, R/o Village- Gangjala Sant Nagar, Ward No. 15, P.S. + District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Saharsa P.S. Case No. 1015 of 2015, registered under Section 363, 363(A)/34 of the Indian Penal Code.

The accusation is that on 10.12.2015, when the minor daughter of the informant reached at the destination for boarding in the school bus at that time one Lucky Kumar along with petitioner, who is driver of St. Xaviour School, Patuaha came on motorcycle and spread poisonous powder at the daughter of the informant. Thereafter, Mono Singh and others also reached there on motorcycle and boarded the daughter of the informant. On query from manager of the school, informant came to know that his daughter has not gone to school on that

Patna High Court Cr.Misc. No.19472 of 2016 (2) dt.05-05-2016 2/2 very day.

Learned counsel for the petitioner submits that, in fact, it would appear from the F.I.R. itself that the petitioner is the driver of the school bus. Further submission is that, in fact, the daughter of the informant has been kidnapped by co-accused Luckey Kumar Singh, but mere on suspicion, the petitioner being the driver of the school bus has falsely been implicated in the present case. Moreover, the chargesheet has already been submitted against the petitioner. The petitioner is in custody since 12.01.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 1015 of 2015. (Rajendra Kumar Mishra, J) manish/- U T