Jai Shankar Kumar @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53848 of 2023 Arising Out of PS. Case No.-2024 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Jai Shankar Kumar @ Munna Kumar, aged about 45 years, Male, Son of Shilanath Lal Deb @ Sheelanath Lal Deo, Resident of S.N. Hause, Road No. 13/B, Rajendra Nagar, P.S.-Kadamkuan, District-Patna ... ... Petitioner

Versus

1.

The State of Bihar 2.

Dharmendra Kumar, aged about 44 years, Male, S/o Omkar Nath, R/o Village-Gopalpur, P.S.-Naubatpur, District-Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Prasad Singh, Sr. Advocate with :

Mr. Bhaskar Shankar, Advocate For the Opposite Parties :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned Senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No. 2024 (C) of 2019, instituted for the offence punishable under Sections 420 & 120(B) of the Indian Penal Code.

3. Allegation against the petitioner and another coaccused, namely, Bhupesh Kumar is that in consideration of admission in the Lucent International School, Dehradun being run by Bhupesh Kumar, they got deposit of Rs. 12 lakhs by complainant in school fund with an agreement to return the

Patna High Court CR. MISC. No.53848 of 2023(2) dt.23-08-2023 2/3 same after passing of both students from class 10. However, complainant's money was not refunded.

4. Learned Senior counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. The entire allegations levelled against the petitioner is false and concocted. It is further submitted that the petitioner is a witness over the agreement and the agreement is executed between Bhupesh Kumar and the complainant. The complainant's sons were admitted to the Lucent International School, Dehradun in the year, 2016 and till 2019, they studied there. The grievance with regard to money is only against Bhupesh Kumar who is the Chairman of the said school. The petitioner is brother of co-accused Bhupesh Kumar and he is only witness in both the agreements. Lastly, it has been submitted that he has one case is pending against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Complaint Case No. 2024(C) of 2019 he shall be released on anticipatory bail upon

Patna High Court CR. MISC. No.53848 of 2023(2) dt.23-08-2023 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Danapur, Patna, subject to conditions as laid down under Section 438(2) of the Criminal Procedure Code. (Khatim Reza, J) Gaurav Kumar/- U T