Birendra Kumar Nirala @ Birendra Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88547 of 2024 Arising Out of PS. Case No.-329 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Birendra Kumar Nirala @ Birendra Nirala, S/O Late Gorakh Ram, R/O Village- Ramkaran Pakari, Devi Chhapara, P.S.- Chakiya, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 299 of B.N.S. and Section 67 & 68 of the I.T. Act.

3. The case of the prosecution is that the petitioner has used the photograph of Goddess Durga for indecent purposes and has posted it into two groups.

4. Learned counsel for the petitioner has submitted that the petitioner has neither the member nor the admin of any of these groups. It has also been submitted that this offence is triable by Magistrate. The petitioner is in custody since 15.10.2024.

5. The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.88547 of 2024(3) dt.17-02-2025 2/2 for the State.

6. Having heard learned counsel for the parties and considering the above facts and circumstances, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged 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 court of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chakiya P.S. Case No. 329 of 2024.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T