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Patna High CourtCR. MISC./14568/2021bail granted

Pandit Bipin Tiwari @ Bipin Tiwari v. The State Of Bihar

2022-01-04Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14568 of 2021 Arising Out of PS. Case No.-683 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== PANDIT BIPIN TIWARI @ BIPIN TIWARI Son of Late Gorakh Tiwari Resident of Village- Jaitiya, Ward No. -9, P.S.- Bettiah, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Mohan For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bettiah Town P.S. Case No. 683/2020 instituted for the offences under Sections 188/34 of the Indian Penal Code and Section 67/66 (c) of the I.T. Act.

The accusation against the petitioner is of having posted a video on the social media in which Dr. Sanjay Jaiswal, the President of the State unit of B.J.P. is shown to have made a statement against a particular cast of the locality.

Patna High Court CR. MISC. No.14568 of 2021(2) dt.04-01-2022 2/3 The learned counsel for the petitioner has submitted that the accusation is absolutely false. Perhaps, he has been made accused in this case at the instance of his enemies. The petitioner had, in the past, contested the Chanpatia constituency in Bihar Legislative Assembly election. Apart from this, the telephone number in the said video post does not belong to him.

The learned counsel for the petitioner has further submitted that there is a Facebook group under the name of "Buland Awaz". The so called objectionable video has been posted on social media by the members of aforesaid group. So far as the petitioner is concerned, he completely denies the accusation of either having posted such scurrilous material against a political leader or of having circulated it amongst other viewers.

Regard being had to the nature of accusation against the petitioner and the background facts, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this

Patna High Court CR. MISC. No.14568 of 2021(2) dt.04-01-2022 3/3 order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Cheif Judicial Magistrae, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 683/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T