Patna High Court
Santosh SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted because the prosecution failed to produce admissible electronic evidence and there was no allegation of publishing obscene material.
Summary
Santosh Sharma was arrested in connection with a 2020 case alleging that he forwarded obscene photographs via WhatsApp, invoking Section 294 of the IPC and Section 67(a) of the IT Act. The petitioner argued that no electronic device had been seized and no Section 65B certificate under the Indian Evidence Act was produced, rendering the electronic evidence inadmissible. The State opposed bail, contending the seriousness of the alleged offence. The Court noted the absence of any allegation of publishing obscene material and the lack of a Section 65B certificate, and therefore found the prosecution’s case insufficient to deny bail. Consequently, the Court ordered that the petitioner be released on bail upon surrender within six weeks, subject to a bond and verification of criminal antecedents.
Issues considered
- Whether bail can be granted when the alleged electronic evidence is inadmissible due to lack of a Section 65B certificate.
- Whether the mere forwarding of obscene photographs, without publishing, attracts a stringent bail denial under Section 294 IPC and Section 67(a) IT Act.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Evidence Act, 1872 — s. 65B
- Indian Penal Code — s. 294
- Information Technology Act — s. 67(a)
Subjects
- bail
- electronic evidence
- Section 65B
- obscene material
- forwarding vs publishing
- IPC Section 294
- IT Act Section 67(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13461 of 2026
Arising Out of PS. Case No.-83 Year-2020 Thana- CHENARI District- Rohtas
======================================================
Santosh Sharma S/O Late Jagannath Sharma @ Jagannath Thakur R/O
Village- Chenari, Police Station- Chenari, District- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rameshwar Singh, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Chenari P.S. Case No. 83 of 2020, for allegedly
having committed offence under Section 294 of the I.P.C. and
Section 67(a) of the I.T. Act.
3. As per the prosecution case, the informant, who
happens to be the Officer-In-Charge of Chenari Police Station,
lodged an F.I.R. with an allegation that on 25.05.2020 in the
night at about 01:54 A.M., some obscene photos were sent on
Whatsapp groups by the petitioner, which as per the allegation
amounts to misuse of electronic devices.
4. The learned counsel for the petitioner submits
that although the allegation is of forwarding/circulating obscene
Patna High Court CR. MISC. No.13461 of 2026(3) dt.01-04-2026
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photos in the Whatsapp group, but no electronic device has been
seized and no certificate under Section 65B of the Indian
Evidence Act has been collected or mentioned in the FIR,
making the alleged electronic evidence legally inadmissible at
this stage. No allegation has been levelled against the petitioner
of publishing or causing to publish any obscene content, rather
the allegation is of only forwarding obscene photographs. The
petitioner has got no criminal antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties,
considering the fact that there is no allegation of publishing or
causing to publish any obscene material and even no certificate
under Section 65B of the Indian Evidence Act has been
collected or mentioned in the FIR, let the petitioner, above
named, in the event of arrest or surrender within a period of six
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Rohtas at Sasaram in connection with Chenari P.S. Case No. 83
of 2020, subject to the conditions as laid down under Section
482(2) of the B.N.S.S., with further condition:
Patna High Court CR. MISC. No.13461 of 2026(3) dt.01-04-2026
3/3
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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