Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61673 of 2024 Arising Out of PS. Case No.-1098 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Satish Kumar S/o Mr. Dashrath Yadav R/o vill - Sonbarsa, Tola - Jagadih, P.O. - Bhadeya, P.S. - Barachatti, Distt. - Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shambhu Prasad Yadav S/o Shri Mohan Prasad R/o vill - Sonvarsha Tola Jasodih, P.S. - Barachatti, Distt. - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Binod Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Barachatti P.S. Case No. 1098 of 2022, instituted for the offences punishable under Section 354C of the Indian Penal Code, Section 67, 67(B) of the IT Act and Section 12 of the POCSO Act.

3. The prosecution case, in short, is that, photos of petitioner and daughter of the informant is being made viral by some unknown persons. Threatening has also been given that if it is reported then more the same will be circulated more widely.

Patna High Court CR. MISC. No.61673 of 2024(3) dt.14-11-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner is not named as an accused in the FIR. Some unknown persons were making the said photo viral on social media and allegedly threatened him. It is further evident that the said fake ID was made by co-accused Ranjan Raj who is the cousin of the petitioner and a land dispute is going on in between father and uncle of the petitioner. It appears that due to that reason the co-accused Ranjan Raj in order to implicate the petitioner did this kind of act. The petitioner is in custody since 16.07.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated coaccused Ranjan Raj has been granted bail by a Co-ordinate Bench of this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 23350 of 2023.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail

Patna High Court CR. MISC. No.61673 of 2024(3) dt.14-11-2024 3/3 to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barachatti P.S. Case No. 1098 of 2022.

(Rudra Prakash Mishra, J) Rajorshi/- U T