Subhan Bhardwaj @ Subham Bhardwaj vs The State Of Bihar on 8 August, 2018

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Patna High Court - Orders

Subhan Bhardwaj @ Subham Bhardwaj vs The State Of Bihar on 8 August, 2018

Bench: Sanjay Priya

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.45195 of 2018
                  Arising Out of PS.Case No. -558 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI
                 ======================================================
                 Subhan Bhardwaj @ Subham Bhardwaj, Son of Om Prakash Bhardwaj,
                 resident of Mohalla- Ashok Nagar, Pokharia, Ward No. 36, P.S. Town,
                 District- Begusarai.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Sandip Kumar Gautam, Advocate.
                 For the Opposite Party/s : Md. Ansarul Haque, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                 ORAL ORDER

2   08-08-2018

Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record.

Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Town P.S. Case No. 558 of 2017 instituted for the offence under Sections 153(A), 295(A) of the Indian Penal Code and Section 10 of I.T. Act.

Counsel for the petitioner submits that during course of investigation not a single message has been brought on record to show that any negative message has been sent from the face book account of petitioner to the facebook account of his friends. Counsel for the petitioner further submits that from the First Information Report itself it is evident that the instant case has been filed merely on suspicion that some people are sending message on facebook account to create communal disharmony.

Patna High Court Cr.M isc. No.45195 of 2018 (2) dt.08-08-2018

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It is alleged in the written report that facebook account of petitioner was opened and some messages were found which were not proper.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Town P.S. Case No. 558 of 2017, he shall be released on anticipatory bail 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, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/-

U             T

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Patna High Court - Orders