Arbind Rai @ Arbin Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45104 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -BARSOI District- KATIHAR ======================================================

1. Arbind Rai @ Arbin Rai son of Mannu Rai Resident of Village- Golanda, Police Station- Barsai, (O.P. Sudhani), District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najeeb Ahmad For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barsoi Police Station Case No. 86 of 2016 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

At the time of counting of votes of the Panchayat election when the ballot boxes were brought for counting, it was detected that due to leakage of water, some ballot papers have become wet and, thereafter, counting was stopped but the aforesaid circumstance made the candidates and agents furious, as a result whereof they started assaulting the police officials as well as other officials.

Patna High Court Cr.Misc. No.45104 of 2016 (2) dt.20-12-2016 2/2 The petitioner is named in the first information report and it is said that he also participated in the above stated occurrence but submission on behalf of the petitioner is that neither petitioner was candidate nor agent and no specific overt act has been attributed against him. It is further submitted that having more or less similar allegation, some co-accused have already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Barsoi Police Station Case no. 86 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T