Devendra Prasad Singh @ Devendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36924 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Devendra Prasad Singh @ Devendra Singh Son of Bachha Singh resident of Village- Tharbitiya, Police Station- Pakridayal, District- East Champaran at Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Pakridayal P.S. Case No. 51 of 2016, disclosing offences under Sections 147,148,149,341,323,307,504 of the Indian Penal Code. The occurrence had taken place at a polling booth in course of casting of votes. The accused persons are said to have terrorized the voters by opening fire and assaulting the voters with lathi, danda.

Learned counsel for the petitioner has submitted that there is no specific allegation against him of causing assault though there are nine persons who have been named in the First

Information Report. He has also submitted that there is specific allegation against Chedi Singh and his son Rana Singh but there is no such allegation against the petitioner.

Considering the above, this application is allowed. Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below be released on bail 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 Additional Chief Judicial Magistrate-V, East Champaran at Motihari, in Pakridayal P.S. Case No. 51 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U T