Arbind Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71126 of 2018 Arising Out of PS. Case No.-464 Year-2018 Thana- BAGHA District- West Champaran ====================================================== Arbind Gupta S/o Surendra Gupta, resident of Village- Semra Ghusakpur, P.S. Laukaria, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate.

For the Opposite Party/s :

Mr. Nand Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bagaha (Patkhauli) P.S. Case No. 464 of 2018 instituted for the offence under Sections 188, 189, 353, 500, 508, 506 of the Indian Penal Code and Section 66 of I.T. Act.

The written report has been filed by Judicial Magistrate 1st Class, Bagha, alleging that after passing the order granting bail to two Juveniles in the case, the petitioner has posted it on social media with words which are quite defamatory.

Counsel for the petitioner submits that petitioner has no criminal antecedent. He is in custody since 20.9.2018. Counsel for the petitioner further submits that petitioner is first offender. He has been sufficiently punished. He will not do such

Patna High Court Cr.Misc. No.71126 of 2018(3) dt.18-12-2018 2/2 type of activity in future.

Keeping in view the period spent by the petitioner and this is first offence as well as he has no criminal antecedent, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Bagaha, Distt. West Champaran, in connection with Bagaha (Patkhauli) P.S. Case No. 464 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner will appear in the court below and express apology in the court. He will file affidavit in the court below that he will not indulge in such type of activity in future, otherwise, his bail bonds will liable to be cancelled. (Sanjay Priya, J) S.Ali/- U T