IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26787 of 2011 Mohan Jha, son of Late Gopi Kant Jha, resident of Village-Kataiya P.S.-Benipatti, District-Madhubani. Petitioner. Versus The State of Bihar Opposite Party. ----------- 2. 10.08.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner is one of the named accused in a case which has been registered under Sections 326, 307, 353, 379 I.P.C. besides other Minor Sections of the Penal Code as also under Representation of Peoples Act and Bihar Panchayat Raj Act. It is submitted on behalf of the petitioner that the incident of occurrence took place on the eve of counting of votes of election of Mukhiya of Kataiya Gram Panchayat. The F.I.R. was registered against four named accused persons including the petitioner, and 2000 unknown. The allegation is that the mob damaged official vehicle, pelted stones and misbehaved with the informant, a public servant. It is submitted that the returning Officer had illegally declared one Anita Devi elected as Mukhiya which was being protested by large number of supporters of candidate, Dularia Devi. The police resorted to firing though no one was injured. The District Magistrate intervened into the matter and postponed the counting on that day. Subsequently the counting took place on 29.05.2011 and the accused Dularia Devi was declared 2 elected. It is submitted that due to high handedness of returning Officer who was the informant of the case, the occurrence took place. Considering the aforesaid submissions the petitioner, namely, Mohan Jha who is in custody since 23.05.2011 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Benipatti P.S. Case No. 72/11. Kamlesh (Ashwani Kumar Singh, J.)