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Patna High CourtCR. MISC./5245/2019bail granted

Rahul Ranjan v. The State Of Bihar

2019-01-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5245 of 2019 Arising Out of PS. Case No.-330 Year-2018 Thana- CIVIL LINE District- Gaya ====================================================== RAHUL RANJAN (Male), aged about 28 years, Son of Yamuna Mandal @ Jamuna Mandal, Resident of village - Maranpur, Police Station Vishnupad, Presently residing at Shahid Bhagat Singh colony, Police Station - Rampur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 188, 500, 501, 504 of the Indian Penal Code, Section 66 of the I.T. Act and Section 3D of the Bihar Loudspeaker Act, 1955. Allegation is that loudspeaker was being played in an assembly without permission and the speakers were using unparliamentary words against the holders of Constitutional post.

Submission is that the allegation of use of unparliamentary words is not specific as against which of the Constitutional Authority, the unparliamentary word was used,

Patna High Court Cr.Misc. No.5245 of 2019(2) dt.30-01-2019 2/2 rather due to political rivalry, false case has been lodged. Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Civil Lines Police Station Case No. 330 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation /trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/Rajan U T