Awadhesh Kumar Singh @ Awadhesh Singh @ Awadh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49386 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- ATRI District- Gaya ====================================================== 1.

Awadhesh Kumar Singh @ Awadhesh Singh @ Awadh, Son of Mundrika Singh, Resident of Village - Dariyapur, P.S.- Atri, District - Gaya. 2.

Manish Kumar, Son of Awadhesh Kumar Singh @ Awadhesh Singh @ Awadh ,Resident of Village - Dariyapur, P.S.- Atri, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Atri P.S. Case No. 195 of 2019, registered under Sections 147, 148, 149, 337, 338, 332, 353, 307, 504 and 506 of the Indian Penal Code, Section 135 R.P.Act and Section 27 of the Arms Act. The accusation is that informant received information that at Booth No. 305, Middle School Dariyapur, some persons are indulging in bogus voting by creating terror at polling party. Thereafter, informant along with other police personnel reached there and found 32 persons named in the F.I.R. including the petitioners having lathi and danda there. Thereafter, informant and other police personnel tried to convince them but they became

Patna High Court CR. MISC. No.49386 of 2019(2) dt.07-08-2019 2/2 adamant and started pelting stones upon the police personnel and polling party, in which, some persons including the polling party sustained injury and they tried to mischief with the EVM. Thereafter, firing was made in air by the police then all fled away from there. Learned counsel for the petitioners submits that, in fact, petitioners were not present at the place of occurrence as they had gone to Calcutta but being co-villagers, they have been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Atri P.S. Case No. 195 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T