Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33454 of 2022 Arising Out of PS. Case No.-81 Year-2020 Thana- JAMUI District- Jamui ====================================================== 1.

Umesh Mahto S/o Late Vaso Mahto Resident of Village- Sakthu, P.S. and District- Jamui.

2.

Vijay Mahto S/o Ganauri Mahto Resident of Village- Sakthu, P.S. and District- Jamui.

3.

Soni Prasad @ Prabhat Sinha S/o Bhupendra Prasad Resident of VillageSakthu, P.S. and District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Sinha For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 147, 504, 506 and other allied sections of Indian Penal Code and Section 66E of I.T. Act. As per prosecution case, informant observed through some video footage on social media that FIR named persons including these petitioners were giving hate speech and some unparliamentary and derogatory speech has been made which has the potential to disturb the communal harmony and peace of the society.

Patna High Court CR. MISC. No.33454 of 2022(2) dt.15-11-2022 2/2 Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Petitioner denies the prosecution story and submits that, as a matter of fact, petitioner was watching the said speech and was not delivering the speech in question. Further, identification of the petitioner allegedly giving the hate speech is doubtful through video footage. Petitioner has got clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Jamui P. S. Case No. 81 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) navya/- U T