Case Facts:
Patna High Court Cr.Misc. No.6970 of 2012 (2) dt.15-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6970 of 2012 ====================================================== 1. Ram Brajesh Paswan S/O Mohan Paswan Resident Of Village- Chandi, P.S- Charpokhari, District- Bhojpur, Ara. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 15-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case instituted under [STATUTE] and sections 25(1-B)A, 26 and 27 of the Arms Act. It is submitted that the petitioner’s wife was contesting for the post of Mukhiya. Her political opponent got him implicated in the present case. Though there is allegation that the petitioner fired but no one sustained any injury. It is denied that any fire arm or cartridge was ever recovered from his possession. He is in custody since 28.4.2011 Considering the period undergone in custody, facts and circumstances of the case, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction Patna High Court Cr.Misc. No.6970 of 2012 (2) dt.15-02-2012 of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No.46 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner, (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority, (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstance for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through the counsel and (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 171C

Statute Text:
Section 171C of the Indian Penal Code. None. Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. Without prejudice to the generality of the provisions of sub-section (1), whoever threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1). A declaration of public policy or a promise of public action, or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.