IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3242 of 2022

Arising Out of PS. Case No.-221 Year-2021 Thana- OBRA District- Aurangabad

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Azhar Ansari @ Md. Azhar Ansari S/o Islam Ansari @ Md. Islam Ansari

Resident of Village- Harina, P.S.- Obra, District- Aurangabad, Bihar.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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with

CRIMINAL MISCELLANEOUS No. 21847 of 2022

Arising Out of PS. Case No.-221 Year-2021 Thana- OBRA District- Aurangabad

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Nitish kumar Son of Umesh Singh R/o village - Harina, P.S.- Obra, District -

Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

(In CRIMINAL MISCELLANEOUS No. 3242 of 2022)

For the Petitioner/s

:

Mr. Tej Narayan Singh

For the Opposite Party/s :

Mr. Binod Kumar

(In CRIMINAL MISCELLANEOUS No. 21847 of 2022)

For the Petitioner/s

:

Mr. Ashok Kumar Singh

For the Opposite Party/s :

Mr. Ganesh Prasad Singh

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

ORAL ORDER

3

06-12-2022

Heard learned counsel for the petitioners and

learned APP for the State.

The petitioners seek bail in connection with Obra

P.S. Case No. 221 of 2021, registered for the offences

punishable under Sections 420, 505, 34, 341, 323, 354 (B),

354(C), 354(D), 504, 506, 509 and 34 of the Indian Penal

Patna High Court CR. MISC. No.3242 of 2022(3) dt.06-12-2022

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Code and 66(E), 66(D), 67, 67(A) of I.T. Act and 8/12 of

POCSO Act.

The prosecution case as emerging from the FIR is

that petitioner, namely, Nitish Kumar created a fake

Facebook account and posted obscene photos and videos of

the informant. Allegation of affixing the photos on the pole is

also there.

The learned counsel for the petitioner, namely,

Azhar Ansari submits that the petitioner is innocent and has

falsely been implicated in this case. He further submits that

the petitioner is not named in the FIR. Even as per further

statement of the informant, his case stands on better footing

than that of Kundan Kumar and Luvkush Kumar who have

already been enlarged on bail by a co-ordinate Bench of this

Court.

The learned counsel for the petitioner, namely,

Nitish Kumar submits that the petitioner is innocent and has

falsely been implicated in this case. He further submits that

even in the FIR, the petitioner is not named as accused and

only as improvement, his name has transpired in further

Patna High Court CR. MISC. No.3242 of 2022(3) dt.06-12-2022

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statement of the accused which is not reliable. He also

submits that investigation in this case is complete and

charge-sheet has already been submitted. However, he is

not sure whether charge is framed or not.

It is also stated in paragraph no. 2 of the petition

that the petitioners have not moved earlier before this Court

for grant of anticipatory bail or regular bail.

It has further been stated in paragraph no. 3 of

the petition that the petitioner,namely, Azhar Ansari has no

criminal antecedent whereas the petitioner, Nitish Kumar has

earlier been made accused in one more case.

However, the learned APP for the State

vehemently opposes the prayer of the petitioners for bail.

Considering the aforesaid facts and circumstances,

the petitioner, namely, Azhar Ansari, is directed to be

released on bail on his furnishing bail bonds in the sum of

Rs. 10,000 /- (Ten Thousand) with two sureties of the like

amount each to the satisfaction of the Ld. Concerned Court

Below in connection with Obra P.S. Case No. 221 of 2021

on the conditions given hereunder.

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However, petitioner, namely, Nitish Kumar, is

directed to be released o