Sahnawaz Alam @ Md Shanawaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.484 of 2023 Arising Out of PS. Case No.-117 Year-2021 Thana- BALIA BELON District- Katihar ====================================================== Sahnawaz Alam @ Md Shanawaz Alam S/O Naiyar Alam @ Neyar Alam R/O Village- Dalkola P.S- Dalkola, District- Uttar Dinajpur (W.B) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 505(c) of the Indian Penal Code and Section 67 of the Information Technology Act.

As per prosecution case, the informant alleged that some unknown miscreants has made fake I.D. of his mobile and objectionable items i.e. regarding rift of Hindu-Muslim community and also in connection with objectionable items relating to business of wine and his fake Facebook I.D. is also being misused for these objectionable message. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.484 of 2023(2) dt.27-03-2023 2/2 in FIR rather his name has transpired in this during course of investigation. It is further submitted that there is no authentication expert report with regard to date and details of mobile number and the same totally casts a serious doubts on prosecution story. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 20.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Balia Belon P.S. Case No. 117 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar. (Sunil Kumar Panwar, J) Amandeep/- U T