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2025 DAILYLAW 55307 (PAT)

Ashish Soni v. The State of Bihar

CR. MISC./42702/2025 · 2025-07-14

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42702 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- DARIGAON District- Rohtas ====================================================== Ashish Soni S/o Jairam Prasad Soni @ Jairam Pd. Soni R/o Village- Saraiya, P.S.- Amjhore, District- Rohtas ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mithilesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Darigaon P.S. Case No. 29 of 2025 for the offence under Sections 196(1) and 353(2) of BNS and Section 66(D) of I.T. Act. 3. As per the allegation, petitioner has made an inflammatory video and posted the same on his instagram ID to spread communal hate and disrespect by pointing towards a particular community. 4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case merely on suspicion. As per F.I.R., petitioner uploaded a video on instagram (social media platform) containing communal remarks which got viral. From bare perusal of F.I.R., Patna High Court CR. MISC. No.42702 of 2025(2) dt.14-07-2025 2/3 it appears that police has registered the present F.I.R. against the petitioner only on the suspicion without any evidence, except suspicion, no cogent material has been brought by the police on the record. It is further submitted that the instagram ID of petitioner was hacked by the social media hackers and petitioner had no knowledge of this incident and he came to know this fact when police came on his jwelery shop and arrested him. The petitioner is a student of B.Sc. Part-I and works as a labourer in Balrup Jewelry Shop for his livelihood. Lastly he submits that antecedent of the petitioner is clean. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Darigaon P.S. Case No. 29 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of Patna High Court CR. MISC. No.42702 of 2025(2) dt.14-07-2025 3/3 the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T