Khepu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3050 of 2020 Arising Out of PS. Case No.-532 Year-2019 Thana- AMARPUR District- Banka ====================================================== KHEPU SINGH Son of Sri Ashok Singh @ Sri. Ashok Kr. Singh Resident of Village- Manjhagain, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-03-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Amarpur Police Station Case No. 532 of 2019, registered for the offences under Sections 341/342/354-B/34 of the Indian Penal Code and Section 66 (C) of the I. T. Act.

The allegation against the petitioner, as per the First Information Report, is that the police got a viral video posted on Faebook, in which some persons were molesting a girl at a deserted place. The police made enquiry and in course of investigation, one of the persons, Chandan Yadav was traced by the police and upon interrogation, said Chandan Yadav disclosed the name of the petitioner and one Nitesh Kumar. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and no incriminating material has been recovered from the

Patna High Court CR. MISC. No.3050 of 2020(4) dt.20-03-2020 2/2 possession of the petitioner and the alleged video was posted on the Facebook from the mobile phone of co-accused Nitesh Kumar. He further submits that co-accused persons, Chandan Yadav (by order dated 04.02.2020 passed in Criminal Misc. No. 6712 of 2020) and Nitesh Kumar (by order dated 02.03.2020 passed in Criminal Misc. No. 14343 of 2020) have been granted regular bail by this Court.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no incriminating material has been recovered from the possession of the petitioner and similarly situated co-accused persons have been granted bail by this Court, I am inclined to enlarge the petitioner on bail.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur Police Station Case No. 532 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √