Vinod Kumar @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51211 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== VINOD KUMAR @ BINOD KUMAR Son of Munar Kamat Resident of Village - Mangroni, P.S.- Raj Nagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 295-A, 153-A, 504 and 506 of the Indian Penal Code read with Section 67 of the I.T. Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that a WhatsApp group was created to solve the cleanliness system and civic problems in Khagaria city, the name of the WhatsApp group was Parshad Group Nagar Parishad of which this petitioner was also a member, it is next alleged that he was posting certain posts in the group which was objectionable and also had the effect of disturbing communal

Patna High Court CR. MISC. No.51211 of 2022(2) dt.20-10-2022 2/3 harmony, it is also alleged that on 12.08.2018, a post was posted by the petitioner stating Muslim is the biggest enemy of Hindu. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the posts which have been posted by the petitioner in the WhatsApp group is part of record and from perusal of the same it would manifest that the posts were historical and were his own view. Learned counsel next submits that the petitioner never had any intention of disturbing communal harmony and he has good friends among Muslims even, it is next submitted that though in the FIR it is alleged that the posts could have disturbed the communal harmony but then the communal harmony was never disturbed which amply demonstrates the feeling of unity and brotherhood amongst Indians, it is also submitted that even presuming what has been alleged is true, without admitting, then this is the first offense of the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.51211 of 2022(2) dt.20-10-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khagaria P.S. Case No. 49 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T