Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5214 of 2023 Arising Out of PS. Case No.-130 Year-2021 Thana- EKANGARSARAI District- Nalanda ====================================================== OM PRAKASH SINGH Son of Tilakdhari Singh Resident of Village- Sua, P.S.- Medini Nagar, District- Daltenganj (Palamu Medni Nagar), Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar, DP Singh, Advocates For the Opposite Party/s :

Mr.Pramod Kr. Pandey, App, 84 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offences punishable under Sections 354AD/353 of the Indian Penal Code and sections 66A(E) and 67(A) of the IT Act. Petitioner is alleged to have sent obscene message/photograph to the informant on phone. Learned counsel for the petitioner submits that the petitioner is a labourer and as a matter of fact, his mobile phone which has allegedly been used in sending messages, was lost while travelling in the train. It is stated in paragraph 3 of the bail petition that the petitioner has got clean antecedent. Learned counsel for the State opposes the prayer for bail submitting that the mobile number which has been used in sending obscene messages, is registered in the name of the petitioner, as such, he cannot escape liability.

Patna High Court CR. MISC. No.5214 of 2023(2) dt.13-04-2023 2/2 Considering the aforesaid facts, prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Shashi U T