Patna High Court - Orders
Sheikh Shahnawaj Ajij @ Sheikh Shahnwaj ... vs The State Of Bihar on 12 January, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24213 of 2022
Arising Out of PS. Case No.-290 Year-2021 Thana- PIRPAINTI District- Bhagalpur
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SHEIKH SHAHNAWAJ AJIJ @ SHEIKH SHAHNWAJ @ SK.
SHAHNAWAJ AJIJ S/o Late Shekh Aziz Resident of Sundarpur, Ward No. 4,
P.S. - Pirpainti, District - Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Tarun Prasad Mandal, Adv.
For the Opposite Party/s : Mr. Zainul Abedin, APP
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 12-01-2023Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 419, 500, 504 and 506 of the Indian Penal Code and sections 66C and 66D of the I.T. Act.
As per the prosecution case, the informant states that the petitioner created a fake facebook I.D. in the name of the informant's sister, uploaded her photographs and started sending improper messages in the society as also to her contacts thus, causing mental strain etc.. On the informant and others protesting, the petitioner is said to have threatened that he would destroy them.
It is submitted by learned counsel for the petitioner Patna High Court CR. MISC. No.24213 of 2022(3) dt.12-01-2023 2/3 that the petitioner has been falsely implicated in the case. No such occurrence as alleged in the F.I.R. has taken place. So far as the offence under the I.T. Act is concerned, the sentence under those sections may extend upto three years. The petitioner is in custody since 22.1.2022 and chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the petitioner being in custody for more than 11 months since 22.1.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Pirpainti P.S. Case no.290 of 2021 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 XI, Bhagalpur on the following conditions:
(i) one of the bailors of the petitioner shall be his close relative.
(ii) the petitioner shall remain properly represented on each date of the trial and shall cooperate in the trial.
In case the learned trial court is of the opinion that the Patna High Court CR. MISC. No.24213 of 2022(3) dt.12-01-2023 3/3 trial is being delayed due to non-cooperation on part of the petitioner, the learned trial court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.
(Partha Sarthy, J) Saurabh/-
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