Vishwa Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65307 of 2022 Arising Out of PS. Case No.-299 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== Vishwa Mohan Prasad S/O Late Bhagya Narayan Prasad R/O VillageJuwafar, P.S- Chhauradano, 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. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chhauradano P.S. Case No. 299 of 2021 lodged under Sections 188, 147, 148, 149, 341, 323, 324, 326, 307, 332, 333, 353, 379, 337, 338, 290, 427, 171(C), 171(H) of the I.P.C. read with Section 126 of the R.P. Act.

As per the prosecution case, there are in total 46 known and 255 unknown persons were made accused in this case.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65307 of 2022(2) dt.16-02-2023 2/3 present case is the result of the election dispute as it transpires that Section 126 of the R.P. Act is also added in the F.I.R. Counsel for the petitioner submits that the name of the petitioner has figured at serial no. 23. Sonu Kumar, Mukhiya is the order giver. Counsel submits that there are general and omnibus allegation against the petitioner and as per the F.I.R., the main allegation is that even after implementation of ideal Achar Sanahita and closing of election campaign, all peoples were sitting and trying to involve in the vote and also want to disturb the voters, for that they have kept vehicle at the different places of the road. These are the main allegations.

Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been made accused only due to the reason that he is the supporter of one party. His antecedent is clean and he is in custody since 06.08.2022.

Learned counsel for the State opposes the prayer for bail and submits that there are many persons who have been granted bail in this case.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees

Patna High Court CR. MISC. No.65307 of 2022(2) dt.16-02-2023 3/3 Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran in connection with Chhauradano P.S. Case No. 299 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T