Allowed

Sonu @ Saiyad @Saiyad Ali v. The State of Bihar

Patna HC6 Dec 2023CR. MISC./61099/2023

Case brief

AI extract

What is this about?

This order granted pre-arrest bail to the petitioner, who faced charges under IPC arms and IT Act sections for inflammatory social media posts. The court released him upon posting bail bonds, noting no untoward incidents occurred and no incriminating articles were recovered from his possession. Bail was conditioned on one bailsman being a close family member. No section was explicitly cited for th

What did the court decide?

Petitioner released on bail of Rs.10,000 with two sureties of the like amount each, subject to specific conditions, upon arrest or surrender within four weeks.

Sonu @ Saiyad @Saiyad Ali Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61099 of 2023

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Arising Out of PS. Case No.-265 Year-2022 Thana- JALALPUR District- Saran

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======================================================

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Sonu @ Saiyad @Saiyad Ali Son Of Mohammad Ali Residents Of VillageChaipali, Ps-Jalalpur, District-Saran At Chapra.

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Versus

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The State of Bihar

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... ... Opposite Party

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====================================================== Appearance :

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For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 06-12-2023

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Heard Mr. Narendra Kumar, learned counsel

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appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with Jalalpur P.S. Case No. 265 of 2022, registered for the offences punishable under Sections 153-A, 120-B and 34 of the Indian Penal Code and under Sections 27, 28 and 29 of the Arms Act and Section 67(C) of I.T. Act.

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It is alleged that the police in course of patrolling on receipt of an information regarding a video clip containing inflammatory post, which went viral on social media, causing disruption of harmony between the local people, enquired this matter from local chaukidar and came to know about the involvement of petitioner and others. In the said post, some boys

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Patna High Court CR. MISC. No.61099 of 2023(3) dt.06-12-2023 2/3

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were also brandshing pistols and swords. On the basis thereof, the present F.I.R. has been instituted against six persons, including the petitioner.

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Learned counsel appearing on behalf of the petitioner submits that in fact this video clip is morphed one used by some other anti-social element through the mobile of the petitioner, though the petitioner lives in Chennai and has nothing to do with the present occurrence. He further submits that admittedly on account of the video clips, which is made viral on the social media no untoward incident has taken place, nor any other incriminating material has been recovered from the whereabouts of the petitioner. He also submits that it is highly absurd that any one would post such post in his own name. That apart, the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the Court.

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On the other hand, learned counsel for the State opposes the pre-arrest bail application and submits that the petitioner has posted the abusive post and later been identified as one of the boys who was brandshing pistol.

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Regard being had to the submissions made on behalf of the parties and considering the nature of the allegation

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Patna High Court CR. MISC. No.61099 of 2023(3) dt.06-12-2023 3/3

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and the fact that neither the mobile nor any incriminating article has been recovered from the wheresabout of this petitioner nor any consequential incident has taken place on account of the video cliping, which has been made viral, coupled with the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, XIII, Saran at Chapra in connection with Jalalpur P.S. Case No. 265 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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Shweta/-

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U T

Sonu @ Saiyad @Saiyad Ali v. The State of Bihar

Case brief

What is this about?

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Sonu @ Saiyad @Saiyad Ali v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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