Ravi Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30162 of 2023 Arising Out of PS. Case No.-442 Year-2022 Thana- KATRA District- Muzaffarpur ====================================================== Ravi Chaurasiya S/O Ram Aoutar Chaurasiya @ Ramotar Prasad R/O Village- Naya Gaon, Bishari Asthan, Jamalpur, P.S- East Colony, Jamalpur, Distt.- Munger ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Advocate : Mr. Rajeev Ranjan No.II, Advocate : Ms. Priyanka Kumari, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Katra P.S. Case No.442 of 2022 registered for the offence under Sections 3, 4, 5 and 9 of the Official Secret Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 16.12.2022.
4. The allegation against the petitioner is to pass out secret informant to a lady, who appears to be her social media friend later on identified as an ISI agent for providing information related to defence while working with Heavy Vehicle Manufacturing Company, Awady, Chennai, Tamil Nadu.
Patna High Court CR. MISC. No.30162 of 2023(3) dt.11-08-2023 2/3
5. Learned senior counsel appearing on behalf of the petitioner submitted that petitioner was working as a clerk in Registry Office and merely on the basis of suspicion and confession, which is not acceptable under law the petitioner implicated with the present case. It is submitted that nothing surfaced during the course of investigation, which may suggest that petitioner received money against alleged secret information. It is also pointed out that information, which is shared by petitioner over social media platform cannot be termed as secret information causing damage to nation's security. It is further submitted that total of Rs.
900/- in cash was recovered while petitioner was apprehended with certain photographs which alleged to be shared over social media platform, where nothing appears during investigation to connect said recovered cash of Rs. 900/- was against sharing of photographs over social media platform. It is submitted that out of local office politics, petitioner was implicated with the present case after two years of his leaving the said Heavy Vehicle Manufacturing Company, Awady, Chennai, Tamil Nadu.
Patna High Court CR. MISC. No.30162 of 2023(3) dt.11-08-2023 3/3 submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that allegation as to pass out secret information, is specific against petitioner. It is also submitted that shared information is related with defence.
7. In view of the facts and circumstances as mentioned above as petitioner not appears to receive any cash against alleged sharing of photographs, where implication appears on the basis of his own statement before police, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 16.12.2022, accordingly, petitioner, above named, is directed to be released on bail in connection with Katra P.S. Case No.442 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur (East)/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T