Mustak Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36990 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- GAUNAHA District- West Champaran ====================================================== MUSTAK MIYAN S/o Tahir Miyan Resident of Village- Harpur Pipra, P.S.- Gaunaha, Distt- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2021 Heard both sides.
The petitioner seeks bail in Gaunaha P.S. case No. 58/2020 registered u/s 188, 153(A), 295, 295(A), 504, 506/34 of the IPC and u/s 67 of the I.T. Act.
In sum and substance the allegation against the petitioner is that petitioner and one Aslam Mian uploaded a video in which the petitioner was using abusive language against the Prime Minister, the Home Minister and the Chief Minister of Uttar Pradesh. It is alleged that petitioner was disturbing communal harmony.
The learned counsel for the petitioner submits that petitioner is in custody since 10.05.2020. The petitioner has already remained in jail for about eight months. Co-accused Aslam Mian has already been granted bail by the court below
Patna High Court CR. MISC. No.36990 of 2020(2) dt.02-02-2021 2/2 vide B.P. No. 1695 of 2020.
Taking into consideration the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner has remained in jail for about eight months, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub divisional Judicial Magistrate, Bettiah, West Champaran in connection with Gaunaha P.S. case No. 58/2020. (Prabhat Kumar Jha, J) BKS/- U T