Alok Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2452 of 2017 Arising Out of PS.Case No. -59 Year- 2013 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Alok Kumar S/o Late Biku Singh @ Late Rinku Singh, Resident of Village - Madarpur, P.S. - Jehanabad, District - Jehanabad.

2. Anuj Singh Yadav, S/o Late Ram Babu Yadav Resident of Village - Sahbajpur, P.S. - Jehanabad, District - Jehanabad. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jehanabad P.S. Case no.59 of 2013, registered under Sections 147, 148, 149, 353, 337, 338, 323, 307, 427, 506 and 504 of the Indian Penal Code.

The accusation is that on 14.02.2013 during the course of polling of Student Union of S.N. Sinha College, Jehanabad, the informant along with other Police personnel and executive were present there to maintain law and order in the College. After completion of the election, result was declared, at that time 20 to 25 persons were unhappy with the result and they started giving threatening to the winning candidate. Seeing the situated uncontrolled,

Patna High Court Cr.Misc. No.2452 of 2017 (2) dt.02-03-2017 2/2 they were removed from the college premises, but they become furious and started stone pelting upon Police personnel in which driver of the vehicle and media persons sustained injuries and they also damaged the vehicles.

Learned counsel for the petitioners submits that while petitioner and three others named in the F.I.R. including 20 to 25 unknown, but no specific overt act has been attributed against the petitioner. Further submission is that petitioners were checking fake persons in the election, who were casting fake vote, and due to that reasons, the petitioners have been implicated in this case. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 59 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T