Sanaullah @ Md. Sanaullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61199 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- JALE District- Darbhanga ====================================================== 1.
Sanaullah @ Md. Sanaullah S/o- Parwez Alam Resident of Village- Deora Bandhauli, PO- Deora Bandhauli, PS- Jale, Dist- Darbhanga 2.
Sadia Shaikh D/o- Md. Hasan Resident of Village- Deora Bandhauli, PODeora Bandhauli, PS- Jale, Dist- Darbhanga 3.
Jeenat Praveen @ Zeenat Parveen D/o- Ijhar Resident of Village- Deora Bandhauli, PO- Deora Bandhauli, PS- Jale, Dist- Darbhanga ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar Jha, Advocate For the State :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-09-2024 Heard Mr. Pranav Kumar Jha, learned counsel for the petitioners and Mr. Anant Kumar 1, learned APP for the State.
2. The petitioners apprehend their arrest in connection with Jale P.S. Case No. 103 of 2024 dated 20.05.2024 registered for the offences punishable under Sections 419, 420, 171D and 171F of the Indian Penal Code.
3. Learned counsel appearing for the petitioners submits that as per allegation, the petitioners were apprehended by the polling party when they were attempting to cast vote in place of other voters but in this regard, there is no specific
Patna High Court CR. MISC. No.61199 of 2024(2) dt.20-09-2024 2/3 details of the said voters who are said to have been impersonated by the petitioners, so, the alleged offence under Section 419 of IPC is not made out against the petitioners and the other alleged offences under Sections 171D and 171F of IPC are bailable. So far as the other allegation as to freeing the accused persons (petitioners) from the custody of police is concerned, the petitioners have been granted anticipatory bail by the co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 59740 of 2024 in connection with Jale P.S. Case No. 104 of 2024 which was lodged in respect of the said occurrence. Learned counsel further submits that all the petitioners are of young age and among them, two are female and except present case and Jale P.S. Case No. 104 of 2024 which was also a result of the same sequence of the events there is no any other criminal case against any of them.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Considering above submissions and mainly taking into account the young age of the petitioners coupled with the privilege of anticipatory bail having been granted to them by the learned co-ordinate Bench of this Court in Jale P.S. Case No. 104 of 2024 which is also alleged to have taken place in the
Patna High Court CR. MISC. No.61199 of 2024(2) dt.20-09-2024 3/3 same sequence of the events, in my opinion, the petitioners deserve to the privilege of anticipatory bail in the present matter. Accordingly, let the petitioners named-above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Jale P.S. Case No. 103 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) maynaz/- U T