Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74932 of 2019 Arising Out of PS. Case No.-237 Year-2019 Thana- GORAUL District- Vaishali ====================================================== MD. NOOR ALAM, Son of Late Mohamad Islam, Resident of Village - Mathna Mal, P.S.- Goraul, Kothari O.P., Distt.- Vaishali ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vinod Kumar, Adv.

For the Opposite Party :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Goraul P.S. Case No. 237 of 2019, registered under Sections 153(A) and 509 of the Indian Penal Code and 66(E) of the Information Technology Act, 2000.

The allegation of informant, Rahul Yadav, who claimed himself to be Block President of Hindu Putra Sangathan Chehra Kla, Vaishali, is that on 14.07.2019 at about 09.37 o'clock, petitioner Mr. Noor Alam, who is member of Panchayat Samiti of Mathna Panchayat, posted objectionable matter on social media, which affect the Hindu society sentiment, while due to posting of the matter by the petitioner there is irritation in the society.

Submission is that in fact the matter, which is said to

Patna High Court CR. MISC. No.74932 of 2019(8) dt.29-01-2021 2/2 be posted on social media, was not created by the petitioner rather the same was transmitted on his mobile and the same was mistakenly also forwarded to others. Further, submission is that in paragraphs 28, 29 and 30 of the case diary it has come that the petitioner is not the person of bad character and the petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Goraul P.S. Case No. 237 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T