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2021 DIGILAW 544 (PAT)

Ajeet Kumar v. State Of Bihar

2021-07-01

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - 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 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. 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 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 cooperate 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.