IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21871 of 2011 1. Md. Tasleem Yousuf, son of Md. Yousuf, resident of village Paschim Mohalla Puraini, P.S. Jagdishpur, District Bhagalpur 2. Tulsi Ram, son of late Bipat Paswan, resident of village and P.S. and District Jehanabad 3. Danis Moin, son of late Md. Moinuddin, resident of village Sohraiya, P.S. Paras Bigha, District Jehanabad 4. Dinesh Prasad, son of late Bindi Singh, resident of village Jai Krishna Bigha, P.S. Okari (Modanganj O.P.), District Jehanabad Versus The State Of Bihar ---------------------------------- 4. 25.10.2011 Heard counsel for the parties. The petitioners facing prosecution for offence under sections 420, 467, 468 and 471/34 of the Indian Penal Code have moved this Court for grant of anticipatory bail on the ground that in capacity of an Assistant in counting of election for the post of Mukhiya there may be an inadvertent error on their part but then there was nothing malafide so as to make them liable for criminal prosecution. Counsel for Shanti Devi, the complainant, who had alleged bungling in the counting and on the basis of which the present First Information Report was lodged by the Election Officer cum Block Development Officer, has submitted that the petitioners had played a key and vital role in changing the result. He, however, has not been able to point out any material from the case diary. On the other hand whatever he has read from the case diary would go to show that the allegations were more or less against the Counting Supervisor, namely, Sri Ramjee Prasad. This Court would however find that Sri Ramjee Prasad has already been allowed anticipatory bail by an order dated 16.8.2011 in 2 Cr.Misc.No. 24828/2011. That being so, the petitioners, namely, 1. Md. Tasleem Yousuf, 2. Tulsi Ram, 3. Danis Moin and 4. Dinesh Prasad, are directed to be released on bail, if they would surrender within a period of four weeks from today before the court below, on their furnishing bail bond of Rs. 10,000/- (Rs. ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Kako P.S.Case No. 104/2011 on the following conditions: (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are, they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be 3 cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Mihir Kumar Jha,J.) Surendra/