IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13849 of 2010 Saroj Pandey, son of Rajeshwar Pandey, resident of Village- Biraj Bigaha, Police Station-Amba, District-Aurangabad(Bihar). ………………………Petitioner. Versus The State of Bihar. ……………………….Opposite Party. For the petitioner :- Mr. Mrigendra Kumar, Advocate. For the State :- Mr. Sunil Kumar Pandey, A.P.P. ----------- 2. 18. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 307, 353, 171 (F) and other allied offences of the Indian Penal Code as also under Sections 135 and 136 of the Representation of People Act, accused persons are alleged to have arrived at a polling booth during the last Lok Sabha election held in the year 2009, and are alleged to have attempted to disrupt the polling process. It is submitted by the learned counsel for the petitioner that as a matter of fact, the petitioner has been named by some of the co-accused persons, who were allegedly apprehended by the Police at the time of alleged occurrence and there is no other legal material to substantiate the charges against the petitioner. It is further submitted that election process is already over and according to the F.I.R. itself polling process was not disturbed even at that polling station. It is also submitted that petitioner is a man of absolutely fair antecedent and there is no criminal history at all against him. In the facts and circumstances of the case, in the event of his arrest/surrender in the court below in connection with Amba Police Station Case No. 34/2009 within a period of four weeks from 2 today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and subject to further conditions; (a) that one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. m.p. ( Birendra Prasad Verma, J.)