Amir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44577 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- ROHTAS District- Rohtas ====================================================== Amir Hussain, son of Ejaz Ahmad @ Ajaj Ahmad, resident of VillageAkbarpur, P.S- Rohtas, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Roy, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner is apprehending his arrest in connection with Rohtas P.S. Case No.54 of 2024, registered for the offences under Sections 153(A), 153(B), 295, 499, 504 of the Indian Penal Code and Section 66(C) of I.T. Act.

3. As per prosecution case, the petitioner used abusive and vulgar language against 'Dharmaguru' of the informant on whatsapp.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The informant of this case is himself having dubious character and his identity is not certain. The whatsapp message attached with the FIR does not show the whatsapp number of

Patna High Court CR. MISC. No.44577 of 2024(2) dt.24-07-2024 2/3 communicator of the said message. The petitioner is not the creator of the message and has not made it viral through any mobile number. Only on suspicion, the petitioner has been made accused in this case. The allegation against the petitioner is completely doubtful. The petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and further considering the clean antecedent of the petitioner and possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Rohtas at Sasaram, in connection with Rohtas P.S. Case No. 54 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.44577 of 2024(2) dt.24-07-2024 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T