Guddu Kumar Ray @ Guddu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1416 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== 1.

RAKESH KUMAR Son of Shambhu Rai Resident of village- Akilpur, Police Station - Dariyapur, District - Saran (Chapra). 2.

Amodh Rai Son of Gopal Rai Resident of village- Akilpur, Police Station - Dariyapur, District - Saran (Chapra).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1671 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== GUDDU KUMAR RAY @ GUDDU RAY Son of - Kishor Rai R/o Village Akilpur P.S. - Dariyapur, District - Chapra (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 1416 of 2022) For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP (In CRIMINAL MISCELLANEOUS No. 1671 of 2022) For the Petitioner/s :

Mr. Kamlesh Prasad Yadav, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The three petitioners in the two applications have prayed for grant of regular bail in a case registered under sections 341, 323, 354, 354D, 504, 506, 509, 120B and 34 of the

Patna High Court CR. MISC. No.1416 of 2022(4) dt.06-01-2023 2/3 Indian Penal Code and sections 67 and 67(a) of the Information Technology Act, 2020.

As per the prosecution case, it is stated by the informant that on a video being viral, it transpired from the said video that six persons were misbehaving with a lady and her husband. On inquiry it transpired that the three petitioners happened to be amongsts the persons in the video and hence the instant FIR.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No such occurrence as alleged has taken place nor has the genuineness of the video been verified. The petitioners are in custody since 7.10.2021 and have no criminal antecedent. Heard learned APP for the State Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the petitioners having remained in custody for more than 1 year since 7.10.2021, their not having any criminal antecedent and chargesheet having been submitted in the case, all the three petitioners are directed to be enlarged on bail in connection with Dariyapur P.S. Case no. 502 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.1416 of 2022(4) dt.06-01-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIII, Saran at Chapra.

(Partha Sarthy, J) Spd/- U T