Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32755 of 2021 Arising Out of PS. Case No.-652 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== SAROJ KUMAR Son of Sri Dasharath Chaudhary Resident of Village - Badhaiyabag Takiya, P.S.- Sasaram, Distt.- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Further, Counsel for the petitioner is permitted to make necessary correction in the prayer portion of the main application.

The petitioner is apprehending his arrest in connection with Sasaram Nagar P.S. case No.652 of 2020 registered under Sections 120(B), 175, 176, 204, 206, 409, 427, 477 of the Indian Penal Code and Sections 130(17)(2)(kh) and 3 of Bihar Raj Panchayati Raj Act.

Allegation is that papers kept in the godown of

Patna High Court CR. MISC. No.32755 of 2021(2) dt.22-12-2021 2/3 panchayat office was destroyed and ballots related to election was also destroyed by the accused persons without direction of D.M.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The allegation is that certain ballot papers in respect of panchayat election was destroyed by the petitioner. It is further submitted that after disposal of the election petition by the Court under the permission of the superior, the ballot papers were destroyed.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Nagar P.S. case No.652 of 2020, subject to the conditions as laid

Patna High Court CR. MISC. No.32755 of 2021(2) dt.22-12-2021 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T