Arun Singh @ Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42327 of 2016 ===================================== Arun Singh @ Arun Kumar Singh, Son of Sri Jamadar Prasad Singh, Resident of Mohalla- V.T. School, Soia Ghat, P.S.- Jehanabad, Distt.- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Neeraj Kr. @ Sanidh, Adv. For the Opposite Party/s : Mrs. Indu Bala Pandey, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2017 Heard the parties.

By an order, dated 06.10.2016, the petitioner was granted the privilege of provisional anticipatory bail in connection with Jehanabad P.S. Case No. 295 of 2016, disclosing offences punishable under Sections 457, 188, 353 and 384 of the Indian Penal Code and Sections 3/4(A), 5, 6, 8, 9 and 10 of Cable Television Network (Regulation) Act, 1995.

Pursuant to the said order, 06.10.2016, the District Magistrate, Jehanabad, has submitted his report,

Patna High Court Cr.Misc. No.42327 of 2016 (5) dt.11-01-2017 2/3 mentioning therein that sealing of the premises, in fact, effected on 20.06.2016 itself and it is not that the order for sealing was issued on 21.06.2016.

The petitioner is an operator of Digital Cable Network. The premises used for telecasting various television programme was sealed, on 21.06.2016, on the allegation of violation of provisions of Cable Television Network (Regulation) Act, 1995. It is alleged that despite sealing of the premises, the petitioner was found to be running the programme.

Learned counsel for the petitioner has submitted that there is nothing to show that petitioner was personally responsible for running the programme despite sealing of the premises.

Be that as it may, in the facts and circumstances of the case, nature of accusation and the fact that there is no allegation of any misuse of provisional anticipatory bail granted to the petitioner vide order dated 06.10.2016, this application is allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief

Patna High Court Cr.Misc. No.42327 of 2016 (5) dt.11-01-2017 3/3 Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No. 295 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T