Md. Tabrez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60348 of 2017 Arising Out of PS. Case No.-308 Year-2017 Thana- BARAUNI District- Begusarai ====================================================== Md. Tabrez, S/o Shamim Khan @ Shamim Khan, R/o Village- Salim Nagar, Idgah Tola, P.S.- Maheshkhunt, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 153A, 295A of the Indian Penal Code and Section 66 of the I. T. Act. Prosecution case is as per the statement of Ajay Kumar Ajnabi, Officer I/C Refinary O.P. is to the effect that on 20.08.2017 at 4 PM one Biresh Kumar @ Bhulla and Bhupesh Kumar informed him that some fanatic video has become viral. On perusal of the video clip, which was transmitted to the informant by one Dharambir Kumar, and on query being made from the local Choukidar, Md. Raju Khan and Md. Saddam were identified as the creator of such fanatic video, which had become viral. Subsequently, on the confession of Md. Raju

Patna High Court Cr.Misc. No.60348 of 2017(2) dt.13-12-2017 2/2 Khan, the name of the petitioner sprang up.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. The name of the petitioner sprang up on the confession of coaccused Md. Raju Khan. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Considering the fact that the name of the petitioner sprang up on the confession of co-accused and statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Barauni (Refinary) P.S. Case No.308 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T