Ajeet Kumar vs The State Of Bihar
2021 Latest Caselaw 2936 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 25750 of 2021
      Arising Out of PS Case No.-660 Year-2020 Thana- KANTI THARMAL POWER District-
                                           Muzaffarpur
     ======================================================

1. Ajeet Kumar (male), aged about 58 years, Son of Late Gaya Chaudhary.

2. Ragani Kumari @ Ragini Kumari (Female) aged about 51 years, Wife of Ajeet Kumar.

3. Pratiyush Pranjal (Male), aged about 30 years, Son of Ajeet Kumar.

All resident of Village and PO Madhuban, PS- Kanti, District- Muzaffarpur.

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

For the Petitioner/s : Mr. S B K Manglam, Advocate For the State : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-07-2021

The matter has been heard via video conferencing.

2. The case has been heard out of turn on the basis of

motion slip filed by learned counsel for the petitioners on

23.06.2021, which was allowed.

3. Heard Mr. SBK Manglam, learned counsel for the

petitioners and Mr. Tapeshwar Sharma, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioners apprehend arrest in connection with

Kanti PS Case No. 660 of 2020 dated 03.11.2020, instituted under

Sections 353, 143, 152, 186, 188, 171F, 504 and 506/34 of the

Indian Penal Code.

5. The allegation against the petitioners is that they went

to the polling booth in question on 03.11.2020 where election was Patna High Court CR. MISC. No.25750 of 2021 dt.01-07-2021

being held and had misbehaved with the police personnel and

officers at the polling booth.

6. Learned counsel for the petitioners submitted that

petitioner no. 1 was a candidate and when he had seen

irregularities, he had tried to point it out but was prohibited by the

officers and at best, there was hot discussion and with ulterior

motive, this criminal case has been instituted. It was submitted

that petitioners no. 2 and 3 are wife and son, respectively, of

petitioner no. 1. Learned counsel submitted that neither any

incident occurred nor there was any scuffle nor any injury.

Learned counsel submitted that another case was also instituted on

the same day, on the same booth by the Presiding Officer, in

which a different story has been narrated and besides that the

petitioners have no other criminal antecedent.

7. Learned APP submitted that the petitioners have tried

to create nuisance at the polling booth.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the Patna High Court CR. MISC. No.25750 of 2021 dt.01-07-2021

learned Additional Chief Judicial Magistrate-II (West),

Muzaffarpur in Kanti PS Case No. 660 of 2020, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further, (i) that one of the bailors shall be a

close relative of the petitioners, (ii) that the petitioners and the

bailors shall execute bond and give undertaking with regard to

good behaviour of the petitioners and (iii) that they shall co-

operate with the police/prosecution and the Court. Any violation

of the terms and conditions of the bonds or the undertaking or

failure to co-operate shall lead to cancellation of their bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T