Saket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29756 of 2022 Arising Out of PS. Case No.-498 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== SAKET KUMAR Son of Vivekanand Jha Resident of Village - Kabela, P.s.- Parbatta, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Prakash Sahay, Adv.

Ms.Swayamprabha Saraswati, Adv.

Mr.Harshit Griyaghey, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-10-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 500, 504, 506, 509/34 of IPC and section 66/67 of I.T. Act.

Allegedly, the F.I.R. named accused persons have posted obscene posts against the informant and his family on social media apps. They used to edit his photo and posted a dirty post showing monkey's photo. Petitioner is the admin of Dumaria Bujurg Group and in this group sent obscene message against him and his family. Fake I.D. were also used to defame the informant socially and politically.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to party politics. No

Patna High Court CR. MISC. No.29756 of 2022(3) dt.20-10-2022 2/2 such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that no offence u/s 66/67 of IT Act is made out against the petitioner as the alleged posts were posted from the Ranjeet Kushwaha's fake I.D. The petitioner has not posted any fake messages. He is only the admin of the group. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since no ample evidence against the petitioner has come in the case diary, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Khagaria (Chitragupt Nagar) P.S. Case No.498/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T