IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15189 of 2008 RAJESH PRASAD CHOUDHARY Versus STATE OF BIHAR ----------- 3 02.5.2008 Heard learned counsel for the petitioner as also the learned A.P.P. for the State. The petitioner who was functioning as a Polling Officer of booth no. 48 in the Vidhan Sabha Election in the year 2005 apprehends his arrest in connection with Deasari P.S. Case No. 167 of 2005, registered under sections 420, 466, 467, 468, 120(B), 171(D), 171(F) I.P.C. and section 133 of the Representation of People’s Act and has prayed for his anticipatory bail. The allegation against the petitioner is of having colluded with the polling agents of various political parties and allowing casting of bogus votes on the basis of forged residential certificate. The petitioner being the Polling Officer was duty bound to see and prevent bogus votes from being cast and the election was held in a free and fair manner which he did not do and acted contrary thereto. In the circumstances I am not inclined to extend the benefits of Section 438 Cr.P.C. to the petitioner. Accordingly, his prayer for anticipatory bail is rejected. Sanjay/- (Abhijit Sinha, J.)