Rakesh Kumar Singh @ Rakesh Kumar @ Rakesh Ray And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44181 of 2015 Arising Out of PS.Case No. -319 Year- 2014 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Rakesh Kumar Singh @ Rakesh Kumar @ Rakesh Roy S/o Late Rajgrihi Rai

2. Krishna Sah S/o Lalmuni Sah Both are Resident of Village Chauhan Barehta, P.S. Kargahar (Siddi O.P.), District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. M. Dayal Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-10-2015 Heard the Counsel for the petitioners and Mr. Dayal, APP, for the petitioner.

Two petitioners herein seek anticipatory bail in connection with Kargahar (Siddi) P.S. Case No. 319 of 2014 registered under Sections 147, 148, 353, 323, 427, 186, 188, 171(C) and 504 of the Indian Penal Code.

The F.I.R. named accused persons are said to have obstructed the polling at the PACCS election. The submission is that the petitioners are not even named in the First Information Report. Many of those named in the First Information Report have since been privileged with anticipatory bail by the learned Sessions Judge as well as by this Court. He refers to orders placed at Annexures- 2 and 3.

Patna High Court Cr.Misc. No.44181 of 2015 (2) dt.15-10-2015 2/2 Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sasaram, Rohtas in Kargahar (Siddi) P.S. Case No. 319 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T