IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21861 of 2010 TARKESHWAR RAM Versus THE STATE OF BIHAR ----------- 2. 12.07.2010 Heard learned counsel for the petitioner and the State. The petitioner being the elected Mukhiya is apprehending his arrest in a case registered under Sections 147, 148, 149, 353, 337, 504 and 506 of the Indian Penal Code. It is alleged that on 12.10.2009 on eve of Pax Election the information was received that 300 persons are in queue for voting but they are in drunken state and making disturbances at the booth but when the police party reached the petitioner and others abused the police party and pelted stones . The F.I.R. has been lodged against 20 named and 70-80 unknown persons. It is submitted by learned counsel for the petitioner that he is the elected Mukhiya and in fact he has never obstructed the police in discharging their duties. It is apparent that none have received any injury by pelting stones and the only allegation under Section 353 of the I.P.C. is non bailable. 2 Learned counsel for the state submits that the petitioner is named in the F.I.R. and he obstructed the informant and others in discharging of their official duties. Considering the fact that there is allegation of casting vote as per the choice and the allegation is against the mob of 20 named and 70-80 unknown persons and from F.I.R. it is apparent that none received any injury, let the petitioner, namely Tarkeshwar Ram, in the event of his arrest of surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Tarari P.S. Case No. 53 of 2009. Anand Kr. (Dinesh Kumar Singh, J.)