Srawan Kumar @ Sarwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16209 of 2020 Arising Out of PS. Case No.-35 Year-2016 Thana- DIGHALBANK District- Kishanganj ====================================================== Srawan Kumar @ Sarwan Kumar Son of Sahdev Rajbhar @ Sahdev Rajbhat Resident of Village - Singhimari, Ward No.- 08, P.S.- Kodhobari, Distt.- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

04-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Dighalbank P.S. Case No. 35 of 2016 registered for the offence under Sections 406/477/34/120(B) of the Indian Penal Code as well as Sections 128/136(2)(a) of R.P.Act, 1951.

It is submitted on behalf of petitioner that petitioner is innocent and has falsely been implicated on the basis of mere suspicion. In this case, petitioner was simply a Polling Agent of one Jiyaul Haque, who was also one of the candidate for the post of Zila Parishad in Panchayat Election-2016. It is the duty of the Presiding Officer as well as Polling Magistrate to preserve the ballot paper and counter foil. It is further submitted that similarly situated co-accused have already been granted bail

Patna High Court CR. MISC. No.16209 of 2020(2) dt.04-09-2020 2/2 by this Court, vide order dated 06-03-2020 passed in Cr. Misc. No. 12648 of 2020.

Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed.

In the event of arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj in connection with Dighalbank P.S. Case No. 35 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T