Shambhunath Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28347 of 2021 Arising Out of PS. Case No.-917 Year-2015 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SHAMBHUNATH MISHRA Son of Basukinath Mishra Resident of Village - Jurawanpur Barari, P.S.- Jurawanpur, District - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as Mr. Rajendra Singh, learned APP for the State.

The petitioner apprehends his arrest in connection with Muzaffarpur Town P.S. Case No. 917 of 2015, registered for the offences punishable under Sections 124 (k), 153 (k), (kh) and 295 (k) of the Indian Penal Code read with Section 66(c) of the Information & Technology Act.

As per allegation, the sub-inspector of police received a message on mobile phone from an unknown person in which some anti national message, slogans including threatening were given. The FIR shows that the SIM was issued in the name of co-accused Javed Khan.

Patna High Court CR. MISC. No.28347 of 2021(2) dt.10-03-2022 2/2 Learned counsel for the petitioner has submitted that he is nothing but the seller of the SIM card and while selling the SIM only the I.D. of the purchaser is required to be taken and nothing more, which he has already taken.

Considering the above-mentioned facts and circumstances that the present petitioner is the seller of the SIM card and also that other accused persons have been granted bail, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 917 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T