Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57754 of 2024 Arising Out of PS. Case No.-89 Year-2011 Thana- BELAGANJ District- Gaya ====================================================== Arun Kumar, Son of Jamuna Sao, Resident Of Village -BANSHI Bigha, PsBelaganj, District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Belaganj P.S. Case No. 89 of 2011 instituted under Sections 147, 148, 149, 427, 504, 353 & 188 of the Indian Penal Code and Section 171 of the Representation of Peoples Act.

3. As per the prosecution case, during the Panchayat Election, several villagers came at the polling booth and started quarreling among themselves and snatched some ballot papers from the polling officers and torn the same.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case and he is not named accused in the FIR, however, his name came during the investigation. The Police has already filed

Patna High Court CR. MISC. No.57754 of 2024(3) dt.25-09-2024 2/2 charge-sheet and the Court below has also taken cognizance against the petitioner. He further submits that the petitioner was neither present at the spot nor any incriminating material has been recovered from his conscious possession and only on the basis of suspicion, his name has been transpired in this case. The petitioner has no criminal antecedent and he undertakes to cooperate in the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Gaya / Concerned Trial Court in connection with Belaganj P.S. Case No. 89 of 2011, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T