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Patna High CourtCR. MISC./42174/2022allowed

Mahendra Ray v. The State Of Bihar

2022-12-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42174 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

MAHENDRA RAY @Mahendra Kumar @ Mahendra Roy Son of Asharfi Ray Resident of Village - Dhepura, P.s.- Dalsingsarai, Distt.- Samastipur. (Bihar) 2.

Md. Jabir Hussain @Md. Jubir @Md. Jabir Son of Md. Jalal @ Jalaluddin Resident of Village - Kewta, P.s.- Dalsingsarai, Distt.- Samastipur.(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Goverdhan Tiwari For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 As prayed for, learned counsel for the petitioner is permitted to make correction in the name of the petitioners in course of the day.

Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Dalsingsarai P.S. Case no. 155 of 2022 instituted for the offence under Sections 419, 420, 120B of the Indian Penal Code and Section 67C of the Information Technology Act.

The allegation against the petitioners is that they

Patna High Court CR. MISC. No.42174 of 2022(2) dt.07-12-2022 2/3 made viral a photograph with one bottle of wine on Facebook which is similar to the informant's face and tried to spoil the image of informant.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioners and the informant both belong to the political party and due to political rivalry they have falsely been implicated in this case. It is further submitted that there is no specific allegation against the petitioner of viral the photograph of similar face of informant on Facebook.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Dalsingsarai P.S. Case no. 155 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.42174 of 2022(2) dt.07-12-2022 3/3 learned Additional Chief Judicial Magistrate-I, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T