Sunil Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57238 of 2017 Arising Out of PS.Case No. -508 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Sunil Prajapati S/o Raghunath Prajapati, R/o Village- Gaighat, P.S.- Sasaram (M), District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Sasaram (Muffasil) P.S. Case No. 508 of 2016 registered for the offence under Sections-307, 427, 188 of the IPC and other minor Sections of the IPC and Sections-129, 131, 135 of Public Representation Act.

There is general and omnibus allegation against these petitioners. There is allegation in the written report that during election of Mukhiya, the informant arrived at Amara Talab Madhya Vidyalaya and found long queue of voters on two booths. This petitioner along with one Saroj Kumar Gupta were leading the mob. The petitioner along with 150 supporters arrived at the main gate of the school and tried to mount pressure upon the police party to enter into the school and to cast bogus votes. The petitioner along with others tried to instigate the mob with intention to get the election cancelled. In the meantime, the mob started pelting stones and tried to loot the ballot box. In such circumstances, prayer for anticipatory bail is allowed

Patna High Court Cr.Misc. No.57238 of 2017 (2) dt.07-12-2017 and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sasaram (Muffasil) P.S. Case No. 508 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V.