Patna High Court
Kush Kumar @ Kush Pathak @ Kush Kumar PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that the petitioner is entitled to anticipatory bail.
Summary
The petitioner, Kush Kumar Pathak, was accused in Arwal Police Station Case No. 261 of 2024 of using a fake Instagram ID to send a forged FIR copy, threaten the informant and his wife, and demand money. The petitioner contended that the allegations were fabricated in retaliation for complaints he had lodged against the informant’s family regarding ration card fraud and assault. The State opposed anticipatory bail, citing specific allegations of cyber‑harassment. The court, after considering the nature of the allegations and the petitioner’s prior complaints, decided to grant anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, subject to bail bond and surety conditions. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
- Whether the allegations under Sections 340(2), 318(4), 338, 336(3), 352 and 351(2) of the Bhartiya Nyaya Sanhita justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 318(4), 336(3), 338, 340(2), 351(2), 352
Subjects
- anticipatory bail
- cyber harassment
- fake Instagram ID
- forged FIR
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12683 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- Arwal District- Arwal
======================================================
Kush Kumar @ Kush Pathak @ Kush Kumar Pathak Son of Late Ram Pratap
Patak Resident of Village - Koil Bhupat, P.O. - Koil Bhupat, P.S. - Mehandia,
Dist. - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Singh
For the Opposite Party/s : Mr. Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Arwal Police Station Case No. 261 of 2024, dated
11.07.2025, disclosing offences under Sections
340(2)/318(4)/338/336(3)/352/351(2) of the Bhartiya
Nyaya Sanhita.
3. The prosecution case lodged on 11.07.2025, the allegation
is that the petitioner, by using a fake Instagram ID, sent a
forged copy of the FIR to the informant’s wife, threatened
the informant and his wife and demanded money in the
name of entering into compromise in the aforesaid FIR.
Accordingly, it is alleged that on the basis of fake
Patna High Court CR. MISC. No.12683 of 2026(2) dt.25-03-2026
2/4
documents and morphed photographs, the informant and
his family is being harassed by the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case
with malicious intention and on the basis of concocted
story. The petitioner has not committed any offence in the
manner alleged. He next submits that prior to lodging of
the present FIR, the petitioner has lodged a complaint
before the Sub Divisional Officer, Arwal, on 05.05.2025,
regarding the ration card obtained by the informant and
his family members, including his wife, on incorrect fact
although they were not entitled for ration card. The copy
of the complaint made before the SDO, Arwal, dated
05.05.2025, has been annexed at Annexure-2. He next
submits that another complaint was made by the
petitioner before the Sub-Divisional Officer, Arwal, on
26.04.2025 against the informant and his family members
with regard to assault and threatening made to the
petitioner and his family members on 22.04.2024 and
24.04.2024. Subsequently, the petitioner was assaulted by
the brother and son of the informant on 02.07.2025, for
which, the petitioner lodged a complaint before the police
Patna High Court CR. MISC. No.12683 of 2026(2) dt.25-03-2026
3/4
station and, thereafter, on 07.07.2025, the petitioner
lodged complaint before the Superintendent of Police,
Arwal, DIG, Magadh Division Gaya and DGP, Bihar,
Patna, with respect to action not taken by the local police
and false implication of the petitioner. He further submits
that in retaliation of the complaint made before the SDO,
Arwal, and other higher police authorities, the present
First Information Report has been lodged against him
having no substance.
5. Learned counsel for the State opposes the prayer for
anticipatory bail and submits that there is specific
allegation against the petitioner of using fake Instagram
ID for harassing the informant and his wife.
6. Having regard to the submissions made on behalf of the
parties and taking into consideration the nature of
allegation made against the petitioner and the fact that
prior to the lodging of the present FIR, the petitioner has
lodged complaint before various authorities against the
informant and his family members, I am inclined to grant
the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest
Patna High Court CR. MISC. No.12683 of 2026(2) dt.25-03-2026
4/4
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Chief Judicial
Magistrate, Arwal, in connection with Arwal Police
Station Case No. 261 of 2024, subject to the condition
laid down under Section 482 (2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
Checking your session…