Om Prakash Roy @ Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67096 of 2018 Arising Out of PS. Case No.-71 Year-2014 Thana- SARAI District- Vaishali ====================================================== Om Prakash Roy @ Om Prakash Yadav, S/o Rajendra Rai @ Chandeshwar Yadav, R/o Village- Manguraha, P.S.- Gobindganj, District- East Champaran at present Jadhua, P.S.- Hajipur Town, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jainendra Kumar Pushkar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sarai P.S. Case No.71 of 2014 registered for the offences punishable under Sections 188, 171 H, 186, 189, 353, 504, 506 read with 34 of the Indian Penal Code and 127 (i) and 133 of the Representation of Peoples Act.

It is submitted by the learned counsel for the petitioner that the allegation of deterring the informant, a public servant, in discharge of his official duty is specifically made against one Pintu Mishra. The petitioner has been made accused in this case only because he happens to be the driver of the vehicle in which some workers of a political party with some pamphlets were found moving on the occasion of election.

Patna High Court Cr.Misc. No.67096 of 2018(2) dt.17-12-2018 2/2 On the other hand, learned counsel for the State admits that there is no allegation as far as the petitioner is concerned except the fact that he was driving the vehicle. Having regard to the nature of allegation, in the event of arrest or surrender in the court below within a period of six weeks, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-XIII-cum-Sub Judge-XIV, Vaishali at Hazipur in connection with Sarai P.S. Case No. 71 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/SkSuman U T