Vijay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41454 of 2016 Arising Out of PS.Case No. -123 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Vijay Mandal Son of Shdeo Mandal resident of Kathouni, P.S.- Jagdishpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Jha, Adv. For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-11-2016 Heard both sides.

The petitioner apprehends his arrest in Jagdishpur P.S. Case No. 123/2016, registered for the offences punishable under Sections 353, 307 and other sections of the Indian Penal Code. Sudhansu Kumar Sector Magistrate alleged that crowd assembled at booth no. 132 and 132(k) and locked the Polling Officer in a room and they were making allegation against the Polling Officer that they illegally cast vote in favour of a particular candidate. It is further alleged that the accused persons started damaging ballot box and also damaged the vehicle of the police officials.

It is submitted that petitioner is of course named in the F.I.R. and he is said to have instigating the mob, but the allegation

Patna High Court Cr.Misc. No.41454 of 2016 (2) dt.22-11-2016 2/2 against the petitioner is false and concocted. The petitioner was Sarpanch of the said gram panchayat and he was only protesting against the illegal acts of the Polling Officer. Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of 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, Bhagalpur in connection with Jagdishpur P.S. Case No. 123/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T