Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied as the court found sufficient grounds to believe the appellant's involvement and the risk of interference with the investigation.
Summary
Krishna Kumar appealed against the order of the District & Additional Sessions Judge that denied his request for anticipatory bail in a case involving alleged cyber offences, including posting obscene material and caste‑based abusive language on Facebook. The FIR alleged that several fake Facebook IDs, linked to the appellant's mobile number, were used to create and disseminate obscene images of the complainant, causing mental agony. The appellant argued that he belongs to a Scheduled Caste and therefore the SC/ST (Prevention of Atrocities) Act should not apply, and that the investigation had not established any direct connection between him and the offences. The Special Public Prosecutor contended that the mobile number registration demonstrated the appellant's involvement, that the investigation was ongoing, and that granting bail could enable the appellant to abscond. The Court, agreeing with the prosecution, held that the seriousness of the allegations, the risk to the investigation, and the possibility of the appellant fleeing warranted the refusal of anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the appellant in view of the alleged cyber offences under the IPC, IT Act and SC/ST (Prevention of Atrocities) Act.
- Whether the appellant's claim of belonging to a Scheduled Caste bars the application of the SC/ST (Prevention of Atrocities) Act.
- Whether the existence of a mobile number linked to the fake Facebook IDs establishes sufficient prima facie involvement to deny bail.
Legislation cited
- Indian Penal Code — s. 504, 509
- Information Technology Act — s. 66, 66(c), 66(D), 66(E), 67, 67(A)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- cybercrime
- obscene material
- defamation
- SC/ST Act
- IPC
- investigation
- social media
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3059 of 2025
Arising Out of PS. Case No.-10 Year-2023 Thana- Cyber P.S. District- Buxar
======================================================
Krishna Kumar S/o- Godhan Ram R/o - Tilai, P.S - Nokha, District - Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Nishu Kumari D/o- Bharat Ram Village- Noiadera Ps- Dumaraon Dist-
Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Atul Kumar Pandey
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 13-05-2026 1. Heard learned counsel for the appellant and the
learned Special Public Prosecutor for the State.
2. The appellant has challenged the order dated
29.05.2025 passed by the learned District & Additional
Sessions Judge-1-cum-Special Judge, SC/ST (POA) Act,
Buxar in connection with ABP No.487 of 2025 arising out
of Buxar (Cyber) P. S. Case No.10 of 2023, instituted for
the offences under Sections 504, 509 of the Indian Penal
Code, Sections 66, 66(c), 66(D), 66(E), 67, 67(A) of the I.T.
Act and Section 3(1)(r)(s) of the Scheduled Castes &
Scheduled Tribes (Prevention of Atrocities) Act, whereby
his prayer for grant of anticipatory bail has been rejected.
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3. The learned counsel appearing on behalf of the
appellant submits that appellant is a person with clean
antecedent and a supplementary affidavit has been filed
wherein it has been specifically pleaded that appellant
himself belongs to Scheduled Caste Community, as such,
SC/ST Act shall not be applicable on him, on which the
Leaned Special P.P. submits that in the nature of allegation
as alleged in the FIR and materials which have transpired,
the appellant whether he belongs to SC community or to
any other community is not entitled for anticipatory bail.
4. The Learned Counsel appearing on behalf of the
appellant submits that informant alleges that on 05.09.2023,
she came to know that an unknown accused created several
fake Ids on Facebook in the name of Mantu, Akash, Vinit,
Ahiram, Raju, Ashok and Pankaj and is editing her photo
with obscene photo and posting on Facebook. Further, fake
IDs of Ashok also used caste abusive language and fake ID
of Vinit, Akash and Raju used abusive language and all the
above IDs are sharing her obscene photo with her face
added to them which has caused mental agony.
5. The Learned Counsel for the appellant submits
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that F.I.R was against unknown and the informant alleges
that several fake IDs were created on Facebook and from
the fake ID her obscene pictures were being made viral. It is
further submitted that during the course of investigation the
materials which transpired do not connect the appellant with
the offence.
6. The learned Special P. P. submits that from
perusal of the order impugned, it would manifest that during
the course of investigation, it transpired that the mobile
number of fake ID Raju is registered in the name of
appellant which amply demonstrates the involvement of the
appellant. It is further submitted that investigation in the
case is continuing and off late accused are using the social
media platform for committing such kind of occurrence. It
is also submitted that if privilege of anticipatory bail is
granted, the appellant may abscond. It is further submitted
that the case requires investigation and interrogation of the
appellant is necessary.
7. After hearing the learned Counsel of the parties,
the Court is in complete agreement with the submissions
made by the learned Special P.P., as such, the Court is not
Patna High Court CR. APP (SJ) No.3059 of 2025(3) dt.13-05-2026
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inclined to extend the privilege of anticipatory bail to the
appellant.
8. The prayer of the appellant for anticipatory bail
stands rejected.
(Satyavrat Verma, J)
vikash/-
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