Patna High Court

Tanveer AlamversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

The court denied anticipatory bail to the petitioner, finding the allegations serious and the accusation direct.

Summary

Tanveer Alam applied for anticipatory bail after being implicated in a cyber‑crime case alleging that he uploaded and shared pornographic images and videos of a one‑year‑old child, offences punishable under Sections 67A and 67B of the Information Technology Act and Section 14 of the POCSO Act. The petitioner claimed innocence, arguing that no forensic or direct evidence linked him to the material, while the prosecution asserted that he had circulated the content via WhatsApp for sexual exploitation. The court examined the seriousness of the allegations, the nature of the offence, and the direct accusation against the petitioner. Considering the gravity of child sexual exploitation offences, the court declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

What is the appropriate exercise of discretion by the court in granting or denying anticipatory bail under Section 438 of the CrPC in a case involving alleged child pornography under the IT Act and POCSO Act?
Whether the absence of forensic or direct evidence is sufficient to justify the grant of anticipatory bail to the accused.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438
Information Technology Act, 2000 — s. 67A, 67B
Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 14

Subjects

anticipatory bail
child pornography
IT Act
POCSO Act
cyber crime
forensic evidence
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11280 of 2025
                      Arising Out of PS. Case No.-41 Year-2024 Thana- Cyber P.S. District- Gopalganj
                 ======================================================
                 Tanveer Alam S/O Md. Munna Village- Dumaria, P.O.- Shankhe Khas, P.S.-
                 Harpur, District- Gopalganj
                                                                      ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar Patna
           2.     Jitesh Kumar S/O Late Vidya Bhushan Prasad R/O Vill.- Nai Pokhar, P.S.-
                  Rajgri, Dist.- Nalanda. At Present Posted as Sub Inspector, Cyber Police
                  Station, Gopalganj
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Natraj Verma
                 For the Opposite Party/s :        Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

6   11-02-2026          1. Heard the parties.

                        2. The petitioner apprehends his arrest in connection with

                   Cyber P.S. Case No. 41 of 2024 dated 25.04.2024 registered for

                   the offence under Section 67(A) / 67(B) of the I.T. Act and

                   Section 14 of the POCSO Act.

                        3. As per the F.I.R. lodged by the Cyber Cell, Gopalganj

                   based on the report of Bihar Police Head Quarter Economic and

                   Cyber Offence Cell, Patna contained in letter no. 64 / 2023 /

                   NCRP         (TIPLINE)          dated        10.07.2023          addressed          to

                   Superintendent of Police, Gopalganj, the petitioner is allegedly

                   involved in uploading / sharing of porn videos and photos of a

                   minor victim aged about one year.

                        4. Learned counsel for the petitioner submits that petitioner
             Patna High Court CR. MISC. No.11280 of 2025(6) dt.11-02-2026
                                                         2/2




                       is innocent and has not committed any offence in the manner

                       alleged. The petitioner has never circulated or shared any

                       objectionable or prohibited content as alleged in the F.I.R. The

                       petitioner has been implicated on mere suspicion without any

                       forensic evidence to connect him to the alleged act. He further

                       submits that no independent or direct evidence has been brought

                       on record to establish petitioner alleged connection to the said

                       video. The petitioner has no role in the alleged offence of

                       uploading, sharing or possessing child sexual exploitation

                       material.

                            5. On the other hand, learned A.P.P. submits that the

                       petitioner uploaded the photo / video on whatsapp and made the

                       same viral of a minor child under one year for the purpose of

                       sexual exploitation / harassment which is a crime of child

                       pornography.

                            6. Taking into consideration the nature of allegation,

                       seriousness of offence and direct accusation against the

                       petitioner, I am not inclined to grant anticipatory bail to the

                       petitioner. The same is rejected.



                                                (Anil Kumar Sinha, J)
praful/-
U        T

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