Hasibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75541 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Hasibur Rahman S/O Jullur Rahman R/O Vill - Deramari, Bagalbari, P.S. Kochadhaman, Dist.- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Anand, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 153, 295, 505, 298 of the Indian Penal Code and Section 67 of the I.T. Act.

3. Allegedly, the petitioner is said to have made objectionable comment on Hindu religion through his Facebook ID with an intention to offend the feelings of a section of people observing Hindu faith and tried to disturb the public peace and tranquility promoting hatred against Hindu religion.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no

Patna High Court CR. MISC. No.75541 of 2024(2) dt.11-11-2024 2/3 offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. The whole conspiracy has been hatched by the rivals of the petitioner to implicate him in this false case in order to malign his reputation. The real fact is that the petitioner has always been engaged in promoting harmony and awareness across all sections of the society, which is also evident from the contents of the Facebook timeline. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since there is nothing objectionable in the said post which promotes enmity or hatred against any religion, sect or community, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kochadhaman P.S. Case No. 125 of 2023,

Patna High Court CR. MISC. No.75541 of 2024(2) dt.11-11-2024 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T