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Patna High Court - Orders

Bachcha Prasad Yadav @ Bacha Prasad ... vs The State Of Bihar on 18 June, 2020

Author: Ashutosh Kumar

Bench: Ashutosh Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86319 of 2019
                  Arising Out of PS. Case No.-223 Year-2019 Thana- CHIRAIYA District- East Champaran
                 ======================================================
           1.     BACHCHA PRASAD YADAV @ BACHA PRASAD YADAV, Son of Late
                  Rajendra Prasad Yadav Resident of Village- Mohadipur, P.S.- Chiraiya,
                  District- East Champaran.
           2.    Sunil Kumar, Son of Ashok Prasad Resident of Village- Mohadipur, P.S.-
                 Chiraiya, District- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                       ORAL ORDER

3   18-06-2020

Heard Ms. Sagarika, learned counsel for the petitioners and Ms. Renu Kumari, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Chiraiya P. S. Case No. 223 of 2019 dated 13.05.2019 instituted for the offences under Sections 147, 148, 149, 341, 353, 323, 324, 337, 338 and 504 of the Indian Penal Code.

Though the petitioners are alleged to have disturbed the polling, assaulted the police officers and took away the electronic voting machine, but it has been argued that false allegation has been levelled against them because of their Patna High Court CR. MISC. No.86319 of 2019(3) dt.18-06-2020 2/2 belonging to a party which is not in power.

The petitioner no. 1 is stated to be the former President of RJD whereas the petitioner no. 2 is his nephew.

The petitioners have not been made accused in any case whatsoever in the past.

The petitioners have clean antecedents. Considering the aforesaid facts and the clean antecedents of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Dhaka, East Champaran in connection with Chiraiya P. S. Case No. 223 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/-

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