Pankaj Bhatt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44700 of 2023 Arising Out of PS. Case No.-402 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Pankaj Bhatt S/O Sri Shatrudhan Maharaj R/O Village- Karjan Tol, (MANOPUR) Ps. Bhagwanpur, Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 505(II)/34 of the Indian Penal Code and Section 67 of the I.T. Act pending in the learned court below.

3. As per the prosecution case, on 27.07.2022 a video video was spread by two accused persons namely, Subham Bhardwaj and Pankaj Bhatt on news whatsapp that a Hindu Community girl was kidnapped by other community persons and due to this news communal hatred was spread between the communities in village dumri and after receiving this news, the informant investigated and found that this was false and fabricated whatsapp news had been spread by this petitioner and

Patna High Court CR. MISC. No.44700 of 2023(3) dt.19-09-2023 2/2 other accused persons and the informant also found that the petitioner was a chief bureau of B.T. News agency.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is a chief bureau of B.T. News and he has no concern with the suspected persons and he has no means of this occurrence. He submits that from perusal of the case diary it is evident that police has not enquire and investigate properly because the entire case diary police has not mention that the video went viral from which number. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the allegation, I am not inclined to enlarge the petitioner on bail in connection with Mufassil P.S. Case No. 402/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T