IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19815 of 2011
BALA JEE PRASAD VERMA , son of late Ramjee Verma, resident of M. V.
College, Buxar, Charitraban, P.S. Buxar (T), District- Buxar.... Petitioner.
Versus
THE STATE OF BIHAR
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2. 27.06.2011 Heard Mrs. Soni Shrivastava, learned
counsel for the petitioner and Mr. Anant Kumar, learned
A.P.P. for the State.
The allegation against the petitioner is that he
was deputed as P.C.C.P. Magistrate by the District
Election Officer, Panchayat-cum-District Magistrate,
Buxar but on the relevant date he did not turn up for
joining near the strong room and did not receive election
materials, as such committed dereliction of duties as
well as caused hindrance in election work.
It is submitted that due to illness, the petitioner
could not present himself on election duty and therefore,
no offence under section 353 IPC is made out against
him.
Learned A.P.P. for the State could not
controvert the contention of the learned counsel for the
petitioner while opposing the prayer.
Considering the facts and circumstances of this
2
case, the abovenamed petitioner is directed to surrender
before the Chief Judicial Magistrate, Buxar within a
period of five weeks and pray for bail. In that event, the
petitioner will be enlarged on bail on furnishing bail
bond of Rs.7000/-(Seven thousand only) with two
sureties of the like amount each to the satisfaction of the
said Court in connection with Buxar (Town) P. S. Case
No. 124/2011, under section 353 I.P.C. and 134(A) of
R.P. Act, with condition that he will co-operate with the
Investigating Officer, failing which his bail bond would
be liable to be cancelled by the learned magistrate.
kanchan (Amaresh Kumar Lal, J.)