Rabi Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17068 of 2024 Arising Out of PS. Case No.-1082 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Rabi Kumar Patel S/o Surendra Mahto @ Sulendra Mahto R/o vill - Dhunima, P.s. - Khagaria, (Muffasil), Distt. - Khagaria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Khagaria Muffasil P.S Case No. 1082 of 2023, G.R. No. 3579 of 2023 from the Court of learned C.J.M, Khagaria registered for the offences punishable under Sections 188, 153B, 295A, 353, 505 of the I.P.C and 66F, 67 I.T Act.
3. As per prosecution case, in brief by informant Sanjeev Kumar is that on 18-10- 2023 at about 12.25 hours informant came to know through social media account of Ravi Kumar Patel, who posted objectionable pictures of Durga Mata and Hindu Gods and Goddesses on facebook
Patna High Court CR. MISC. No.17068 of 2024(3) dt.22-04-2024 2/3 while raising few queries regarding faith and worship. On inquiry it was found that Ravi Kumar Patel made the aforesaid posts which gone viral. On search a mobile of Vivo Company has been recovered Accordingly, seizure list was prepared.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 19.10.2023 and petitioner has got no criminal antecedent as stated in para 3 of the petition.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. In view of the allegation, FIR, impugned order, case dairy along with hard copy of viral post it appears that, petitioner is named in FIR and informant in his restatement in para no. 3 of the case dairy has supported the version of the FIR and investigation is going on and considering all aspects of this case this Court is not inclined to grant bail to the petitioner.
7. Hence, the prayer of regular bail of the petitioner is hereby rejected. However, trial court is
Patna High Court CR. MISC. No.17068 of 2024(3) dt.22-04-2024 3/3 directed to conclude the trial within six months and if the trial is not concluded within the stipulated period then the petitioner may renew the prayer of bail before the trial court.
(Ramesh Chand Malviya, J) Mayank/- U