Nishant Kumar @ Chhotu Kumar Singh @ Chhotu Kumar @ Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67081 of 2023 Arising Out of PS. Case No.-178 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== NISHANT KUMAR @ CHHOTU KUMAR SINGH @ CHHOTU KUMAR @ CHHOTU SINGH Son of Subodh Singh Resident of Village-Nonimal, P.S.-Rajepur, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-10-2023 Heard the learned counsel for the petitioner as well as Mr. Jharkhandi Upadhyay, the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 178 of 2021, registered for offence punishable under sections 147, 148, 149, 150, 151, 152, 171, 341, 342, 323, 307, 332, 333, 337, 338, 120(B), 504, 506, 353 of the Indian Penal Code.

3. As per prosecution case, on 15.11.2021 in course of inquiring the polling booth, when the informant reached at booth no. 117, one person cast his vote and thereafter started clicking photo. On enquiry, two apprehended accused disclosed their names as Sanjay and Vinay Rai. They were disclosing the secret ballots. In the meanwhile, Shivji Rai along with 40-50 unknown persons having armed with Lathi, Danda and stone

Patna High Court CR. MISC. No.67081 of 2023(2) dt.19-10-2023 2/2 came there and got released the apprehended accused persons and when the police came, they were also attacked.

4. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he has falsely been implicated in this case. Some accused persons on similar grounds have been granted anticipatory bail by a coordinate Bench of this Court.

5. On the other hand, Mr. Jharkhandi Upadhyay, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Rajepur P.S. Case No. 178 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) A.K.V.//- U T