Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85229 of 2019 Arising Out of PS. Case No.-286 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Shubham Kumar Son of Birendra Kumar Singh Resident of Village - Deoradh Khurd, P.S.- Kudra, Distt - Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagadeo Choubey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2020 Learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Kudra P.S.Case No. 286 of 2019 registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated that dead body of the son of the informant was found in the toilet of the staff room of the school.

It is submitted by learned counsel for the petitioner that from the contents of the F.I.R. itself it would transpire that except for suspicion having been raised against the petitioner, there is neither any material in the F.I.R. nor any material has transpired against him in course of investigation. It is further

Patna High Court CR. MISC. No.85229 of 2019(3) dt.18-03-2020 2/2 submitted that the deceased along with his sister was studying in the said school and the mother of the deceased was also one of the teachers in the said school. It is submitted that the coaccused Vishal Malhotra @Vishal Prasad has been enlarged on anticipatory bail by order dated 6.3.2020 passed in Cr.Misc.No.75095 of 2019. The petitioner who has no criminal antecedent is in custody since 7.10.2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. Let the petitioner be enlarged on bail in connection with Kudra P.S. Case No. 286 of 2019 on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua.

(Partha Sarthy, J) Bibhash/- U T