Patna High CourtCR. MISC./35400/2019bail granted

Afraj v. The State Of Bihar

2019-05-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35400 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== AFRAJ Son of Late Akhtar Mian Resident of Village - Kritpura, P.S.- Baikunthpur, Distt - Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyama Kant Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 293(A), 153(A) and 153(B)/34 of the Indian Penal Code. Allegation against this petitioner is of showing pleasure on the indecent viral video on the recent martyrdom of Indian Military, leading to communal riot in the area. The contention of the petitioner is that the petitioner has falsely been implicated in this case. In fact, co-accused Ranjeet Kumar is responsible for sending such message and petitioner has made no such comment rather some one might have used his mobile and posted the comment without his consent. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.35400 of 2019(2) dt.30-05-2019 2/2 Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate 1st Class, Sri Niraj Kumar Pandey, Gopalganj/successor Court in connection with Baikunthpur P.S.Case No.36 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U