Patna High Court
Parvej AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted regular bail to the petitioner with conditions.
Summary
The petitioner, Parvej Alam, was arrested on 10 January 2026 for publishing communal posts on Facebook and charged under Sections 196(1) and 197(1) of the Bihar Narcotic Substances Act and Sections 67 and 67(A) of the Information Technology Act. He applied for regular bail, claiming innocence and stating that he was a journalist reacting against a lynching incident. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the facts, the period of custody, and the nature of the allegations, allowed the bail application. Bail was granted on a bond of Rs. 10,000 with two sureties of the same amount, subject to cancellation if the petitioner is implicated in a similar case, and the observations were limited to the bail application and not the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner under the charges of Sections 196(1), 197(1) of the Bihar Narcotic Substances Act and Sections 67, 67(A) of the Information Technology Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 196(1), 197(1)
- Information Technology Act — s. 67, 67(A)
Subjects
- regular bail
- communal posts
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21258 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- BIRPUR District- Supaul
======================================================
Parvej Alam Son of Abdul Rauf Resident of Village - Bairiya Kamal, Ward
No. - 07, P.S. - Birpur, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Birpur P.S. Case No. 03 of 2026, registered under Sections
196(1), 197(1) of BNS and 67, 67(A) of I.T. Act.
3. As per prosecution case, the person has been sent to
custody for publishing communal posts on the facebook.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that he was
reacting against lynching and that he is the journalist. Petitioner
is in custody since 10.01.2026.
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.21258 of 2026(3) dt.18-05-2026
2/2
6. Considering the facts and circumstances of the case
and period of custody, this bail application is allowed.
7. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of court of learned of A.C.J.M., Supaul /concerned
court below in connection with Birpur P.S. Case No. 03 of 2026,
subject to further condition that if he is found involved in
another such type of case his bail bond shall automatically stand
cancelled on lodging of such FIR.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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