Anand Vaibhav @Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27144 of 2023 Arising Out of PS. Case No.-8 Year-2020 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Anand Vaibhav @Anand Son Of Gyaneshwar Prasad Singh Resident Of Village- Satyendra Nagar, Block Colony, Ps- Aurangabad Town, DisttAuranghabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Economic Offence Unit Patna 1 Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Leelawati Kumari For the E.O.U.
:
Mr. VNP Sinha, Sr. Adv. Ms. Soni Shrivasta For the State :
Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner, learned counsel for the E.O.U. and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 417, 419, 420, 465, 468, 471 of the Indian Penal Code and Section 66D of the Information Technology Act, 2000.
As per FIR, the present case has been registered against unknown 12 fake account holders for creating and operating fake accounts/profiles on social media in the name of Chief Minister's Secretariat, CMO Bihar, illegally and trying to tarnish the image of the Chief minister.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.27144 of 2023(3) dt.10-05-2023 2/3 petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather his name has transpired in this case during course of investigation as owner of one mobile number 9122194521 which is allegedly used in creation of account on social media. It is further submitted vide para 11, 12 & 13 of the petition that the petitioner had lost his aforesaid mobile number in college campus. Then, the petitioner blocked his number and got himself issued a new SIM card for said number. It might be a case where the mobile phone of petitioner has been accessed unauthorized by unknown persons for creation of alleged social media accounts without knowledge of the petitioner. The petitioner has no concern with this case and falsely been made accused in this case. It is further submitted that the petitioner is languishing in judicial custody since 12.2.2023.
Learned APP appearing for the state and learned counsel for the E.O.U. have opposed the prayer of regular bail and submitted that although these fake accounts are created in the name of C.M.O., Bihar but the same have not been misused yet.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.27144 of 2023(3) dt.10-05-2023 3/3 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Economic Offence P.S. Case No. 08 of 2020 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 I, Patna (Bihar).
(Sunil Kumar Panwar, J) Amandeep/- U T