Patna High Court Grants Bail To Advocate Accused Of Making Abusive Social Media Posts Against CJI, HC Judges

The Patna High Court on Friday granted bail to an advocate who has been accused of posting several scandalous, shocking, and derogatory posts tarnishing the image of the judiciary. 

The Bench of Justice A. M. Badar took into account the fact that the advocate had repentance for the act alleged against him, and his wife had sworn an additional affidavit to the effect that he shall not post similar content on social media.

Essentially, an FIR against the Advocate/Bail Applicant Dinesh had been registered on the direction of the Patna HC after Justice Sandeep Kumar had found that the bail applicant was involved in abusing the Judges of the Supreme Court including the former Chief Justice of India, Patna High Court Judges as well as the Union Law Minister and other dignitaries.

The Court had also called it as a very disturbing matter. Read more about the Court's order here: Judiciary Can't Be Threatened By Misdirected Individuals: Patna HC Directs FIR Registration Against Advocate Accused Of Abusing Judges

Pursuant to the Court's order, an FIR was registered and he came to be arrested for offences punishable under Sections 201, 504, and 505 of the Indian Penal Code as well as under Section 66 and 67C of the I.T. Act on December 16, 2021.

In the case diary, which the High Court perused during the course of the bail plea hearing, it has been mentioned that the bail applicant had targeted Ex-chief Justices of India, Chief Justices of this Court as well as Judges of the Patna High Court by his abusive and scurrilous post on social media. 

The Court also noted that the contents hosted on and circulated through Youtube Channel/accounts with URL originated or hosted on the said platform associated with the applicant, contained highly objectionable and offensive contents.

Similarly, the Case diary also revealed that several grossly offensive, scandalous, and derogatory messages, as well as videos, were posted on the Youtube channel and Facebook account of the applicant for maligning the image of the entire institution of judiciary as a whole, apart from similar such post against the Executives as well as Advocates practicing in the High Court.

Court's observation  

At the outset, the Court noted that pretrial detention cannot be punitive and that the right to bail is not to be denied merely because sentiments of the community are against the accused. The Court further noted that the trial will take its own time.

Significantly, the Court took into account the fact that going by the facts of the instant case, the wife of the present applicant has sworn an affidavit informing that the applicant has expressed repentance before her for the alleged acts mentioned in the FIR and has assured that in future he would not post any objectionable material on any social media platform.

In view of this, observing that the evidence against the present applicant primarily constitutes documentary evidence and the chance of tampering with the same is remote, the Court granted him bail on executing P.R. bond of Rs.30,000/- and on furnishing two sureties of the like amount to the satisfaction of the trial court.

Case title - Dinesh v. State of Bihar

Case Citation: 2022 LiveLaw (Pat) 6

Click here To Read/Download Order