Patna High Court - Orders
Shamim Akhtar @ Syed Shamim Akhtar vs The State Of Bihar on 22 November, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75100 of 2019
Arising Out of PS. Case No.-433 Year-2019 Thana- SUGAULI District- East Champaran
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SHAMIM AKHTAR @ SYED SHAMIM AKHTAR Son of Late Md. Syed
Ibrahim Resident of Village - Prem Nagar, Ward No. 6, Station Road, Sugauli,
P.S.- Sugauli, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Baxi S.R.P. Sinha
Mr. Aditya Nath Jha
For the Opposite Party/s : Ms. Nirmala Kumari
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
2 22-11-2019Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 295(A), 153(A), 120(B) of the Indian Penal Code and 67 of I.T. Act.
Petitioner is said to have forwarded gross message pertaining to Hindu God and Goddess received on his Facebook I.D. from Kalwar Samaj Sangathan to some other person.
It is submitted by learned counsel for the Patna High Court CR. MISC. No.75100 of 2019(2) dt.22-11-2019 2/3 petitioner that he has been falsely implicated in the case. As a matter of fact, on receiving such message on his facebook from Kalwar Samaj Sangathan to malign the image of own religion he forwarded the aforesaid message to few persons to make them aware that how the persons of a religion are indulged in the blasphemy of his own God and Goddess and immediately after forwarding the message he deleted the same. On the same day 14.10.2019 he also sent the message condemning the aforesaid actions of the said Kalwar Samaj and tendering apology. He had no intention to divide or hurt the sentiment of any religion or any person. No communal harmony was disturbed follow forwarding of the aforesaid message by the petitioner. Petitioner has no criminal antecedent.
Learned APP for the State opposed the bail petition.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 C.J.M., Motihari, Patna High Court CR. MISC. No.75100 of 2019(2) dt.22-11-2019 3/3 East Champaran in connection with Sugauli P.S. Case No. 433 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) amit/-
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