Salauddin Alam Gaddi @ Salauddin Gaddi @ Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75523 of 2018 Arising Out of PS. Case No.-243 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== Salauddin (Alam) Gaddi @ Salauddin Gaddi @ Alam, Son of Paras Gaddi, Resident of Village- Purvi Lagunaha, P.S.- Bathwariya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushant Praveer For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chautarwa (Bathwariya) P.S. Case No. 243 of 2018 registered for the offence punishable under Sections 295(A) of the Indian Penal Code and 66(A) of the I.T. Act, 2000.

Informant and petitioner are the member of AK47 Royal Whatsapp group. Allegation against petitioner is that on 22.10.2018 he sent an objectionable message with photograph on the said whatsapp group. It has been further alleged that such type of message outrages the religious feeling and belief of Hindu community and religious.

It has been submitted on behalf of the petitioner that both are the member of AK47 Royal Whatsapp group and they

Patna High Court Cr.Misc. No.75523 of 2018(2) dt.17-12-2018 2/2 all used to share messages to each and everyone in a friendly relation and has been falsely implicated in this case with ulterior motive. Petitioner is not related with alleged offence. Petitioner has no criminal antecedent and he is in custody since 24.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha, in connection with Chautarwa (Bathwariya) P.S. Case No. 243 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T