Ayush Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61245 of 2024 Arising Out of PS. Case No.-10 Year-2023 Thana- Cyber P.S. District- Samastipur ====================================================== Ayush Pandey Son of Uma Shanker Pandey Resident of Village- Pachharba (Marpa Sirpar), P.S.- Majorganj, Distt.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in Cyber P.S. Case No. 10 of 2023, registered under Sections 67(A) and 66(E) of the Information and Technology Act.
3. The prosecution case, in short, is that, the petitioner created fake facebook ID and exposed filthy contents relating to the family members of the informant and also used abusive languages. It is alleged that two mobile numbers bearing 9334098813 and 93411115311 have been used for creating fake ID which belongs to the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.61245 of 2024(2) dt.04-10-2024 2/2 present case. Learned counsel for the petitioner also submits that the mobile numbers (9334098813 and 93411115311) which were used to create fake facebook ID does not belong to the petitioner. The petitioner has got no criminal antecedent. The ingredients of offence of Section 66(E) do not attract in this case.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below 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 Court below/concerned Court in connection with Cyber P.S. Case No. 10 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rudra Prakash Mishra, J) Rajorshi/- U T