Sri Kishore Rai And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.44528 of 2016 (2) dt.27-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44528 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -GAYGHAT District- MUZAFFARPUR ======================================================
1. Sri Kishore Rai, son of Shivaji Rai.
2. Shyam Kishore Rai, son of Sitaram Rai.
3. Jai Kishore, son of Sitaram Rai.
4. Dharmendra Rai, son of Shatrughan Rai.
5. Devendra Rai, son of Shatrughan Rai.
6. Biral Rai, son of Ram Shrastha Rai.
7. Jitendra Rai, son of Pradymna Rai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Neeraj Kumr @ Sanid, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Gaighat P.S. Case No. 74 of 2016 registered under Section 188 of the Indian Penal Code and Sections 131, 132, 135(A) of the R.P. Act.
The accusation is that, on 10.05.2016, the informant was on duty being Presiding Officer at Polling Booth No. 302, Balaur Nidhi Panchayat in connection with Panchayat Election, 2016. At about 3 P.M., the petitioners entered in the polling booth and snatched ballot papers and disturbed election about ten
Patna High Court Cr.Misc. No.44528 of 2016 (2) dt.27-10-2016 minutes but on the intervention of Security Personnel, matter was pacified and thereafter polling was peacefully done. Learned counsel for the petitioners submits that at the time polling some disturbance was occurred at the Polling Booth No. 302 in the Panchayat Election, 2016. The petitioners were also present there due to that reason their names have been mentioned in the F.I.R. without any overt act. Further submission is that petitioners have no criminal antecedent.
Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M. Ist Class at Muzaffarpur, in connection with Gaighat P.S. Case No. 74 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T