Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53348 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- BARUN District- Aurangabad ====================================================== BIRENDRA KUMAR Son of Shivpujan Singh Resident of Village Jogiya, P.S.- Barun, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the parties.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 153, 153A of the Indian Penal Code.

Petitioner is alleged to have made viral the message/vedio clips on the social site to raise communal tension in the area.

Learned counsel for the petitioner submits that the petitioner is practicing lawyer and is also a press reporter and the allegation is totally baseless as the mobile number, alleged to have been used in creating/spreading the said message does not belong to him. Petitioner has got no criminal antecedent. In view of the facts and circumstances of the case, prayer for bail of the petitioners is allowed. In the event of arrest/surrender within a period of six weeks from today, let the petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial

Patna High Court CR. MISC. No.53348 of 2019(5) dt.28-02-2020 2/2 Magistrate, Aurangabad in Barun Police Station Case No. 134/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T