Santosh Renu Yadav @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61844 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- Cyber P.S. District- Saran ====================================================== Santosh Renu Yadav @ Santosh Kumar Son of Shri Ramashish Prasad Village- Bairamchak, P.W.- Nadaul P.S.- Masaudhi, Distt. Patna. Present Address- Flat no.-2, Savitri Apartment, Near Canara Bank, 70 Feet Road, P.S.- Beur, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivnandan Bharti, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2024 Heard Mr. Shivnandan Bharti, learned counsel for the petitioner and learned APP counsel for the State.
2. The petitioner is in judicial custody in connection with Cyber P.S. Case No. 162 of 2024 for the offence punishable under Sections 153, 153(A), 504, 505(2), 505(1) (c), 506, 120(b) of the Indian Penal Code and Section 67 of I.T. Act lodged on 24.05.2024 by the informant, Niranjan Kumar.
3. As per the prosecution story, the police registered a case after it came to knowledge that this petitioner through a You Tube channel has threatened that if the administration is removed for 15 minutes, the entire family of a politician will be killed. This was found to create tension in the society and accordingly the case was registered against him.
Patna High Court CR. MISC. No.61844 of 2024(3) dt.25-09-2024 2/3
4. Learned counsel for the petitioner submits that the You Tube channel Kochgaon conversations:Bihar mainly ask him to act in his video little realising that it will taken up as a threatening gesture which he never intended to do. He has already suffered by being in custody since 29.05.2024 (para 22 of the petition) though he submits that the petitioner has criminal antecedents.
5. Learned APP opposes the prayer for bail and submits that not only he threatened a particular politician, he also has criminal antecedents.
6. The people in the society on any channel/social media exaggerate their statement little realising that it will have far reaching effect. This is a classic example where a person on a You Tube channel started threatening a reputed politician of removing the entire family, if the administration is taken up for 15 minutes, little realising that if the administration goes off, there will be complete chaos and petitioner and his family member will also be affected by it.
7. However, F.I.R. is there and he will be facing the music, for the present since the petitioner has remained in custody since 29.05.2024, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.61844 of 2024(3) dt.25-09-2024 3/3 A.C.J.M. IV, Chapra at Saran in connection with Cyber P.S. Case No. 162 of 2024 subject to the following conditions:- (i). One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates, without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ankit Kumar/- U T