Manish Kasyap @ Tripurari Kumar Tiwari v. The State Of Bihar Through Economic Offence Unit, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80085 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Manish Kasyap @ Tripurari Kumar Tiwari Son Of Sri Udit Kumar Tiwari @ Munna Tiwari Resident Of Village- Mahanwa, P.S. Majhwaliya, DistrictWest Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Economic Offence Unit, Bihar, Patna Bihar 2.

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

For the Petitioner/s :

Mr.Purushottam Kumar For the Opposite Party/s :

Mr.Vishwanath Pd. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 153(A)(2), 295, 506, 120(B) of the Indian Penal Code and Section 67 of Information Technology Act.

Prosecution case in nutshell is that informant being an analyst and Activist has filed the present case against the petitioner as he came across a video clip of

Patna High Court CR. MISC. No.80085 of 2023(2) dt.13-12-2023 2/3 the petitioner in which it is alleged that petitioner and others are whispering about disturbing the communal harmony and disregarding the father of nation. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to political vendetta. No such video or audio clip ever flashed on you tube or on other channel with regard to the present contents. It is further submitted that it did not appear that the veracity and genuineness of the alleged video clip has been checked. Moreover, the petitioner is languishing in judicial custody since 11.07.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.80085 of 2023(2) dt.13-12-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Economic Offence P.S. Case No. 06 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Patna.

(Sunil Kumar Panwar, J) Nirajkrs/- U T