Lallan Kumar Yadav @ Lalan Kumar Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.8046 of 2015 (2) dt.26-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8046 of 2015 Arising Out of PS.Case No. -493 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. LALLAN KUMAR YADAV @ LALAN KUMAR YADAV S/o Bidyanand Yadav R/o Village- Surmaha, P.S.- Sour Bazar(Patarghat O.P.) District- Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Ganesh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-02-2015 Heard both sides.
The petitioner apprehends his arrest in a case under section 353 and other sections of the I.P.C.
The Presiding Officer made allegation that the petitioner and other accused persons came on the booth. They protested and torn the ballot papers after snatching the ballot papers from the Polling Officer.
It is submitted that the allegations are false, as some persons were casting bogus votes and on protest this case has been lodged.
Considering the fact that the only allegation against the petitioner is that he made protest and torn the ballot papers and
Patna High Court Cr.Misc. No.8046 of 2015 (2) dt.26-02-2015 there is no specific allegation against the petitioner, and the fact that other similarly situated co-accused Bua Jha @ Anil Kumar Jha, Ranjeet Keshari and Abbu Jha have already been released on bail-vide Cr.Misc.No. 6735/15, the petitioner,named above, in the event of his arrest/surrender before the court below within four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar(Patarghat O.P.) P.S. Case No. 493 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J) B.Roy/- U