Patna High Court
Sandeep Kumar @ DabluversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court rejected the petition for anticipatory bail, finding the allegations serious enough to deny relief.
Summary
The petitioner, Sandeep Kumar, applied for anticipatory bail after an FIR alleged that he printed and pasted obscene photographs of the informant’s daughter and other girls, offences punishable under sections of the Bihar Narcotic Substances Act and the Information Technology Act. He argued that the allegations were fabricated, that no specific charge of defamation existed, and that he himself was a victim of the circulated images. The State opposed the bail, contending that there were direct allegations of circulating nude photographs. The court considered the nature and gravity of the alleged offences. Finding the accusations serious, the court rejected the petition for anticipatory bail. The order was delivered by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bihar Narcotic Substances Act and the Information Technology Act
- Whether the allegations constitute a cognizable offence sufficient to deny anticipatory bail
- Whether the petitioner can claim that the FIR is fabricated and that he is a victim rather than an offender
Legislation cited
- Bihar Narcotic Substances Act — s. 3, 74, 77, 78, 79
- Information Technology Act, 2000 — s. 66, 67
Subjects
- anticipatory bail
- obscenity
- Information Technology Act
- Bihar Narcotic Substances Act
- false allegations
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13901 of 2026
Arising Out of PS. Case No.-201 Year-2024 Thana- ALIPUR District- Gaya
======================================================
Sandeep Kumar @ Dablu, son of Prashidh Prasad @ Prasidha Kumar Prasad
Resident of Village- Sadopur, Po- Alipur Sadopur, Ps- Alipur, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 74, 77,
78(2), 79, 3(5) of the BNS and Sections 66(E), 67(A) of the I.T.
Act.
3. As per the prosecution case, the informant has
alleged that on 12.12.2024 the daughter of informant got an
obscene photo on her phone which got deleted and then on
15.12.2024, when informant opened the door, he found obscene
posters of his daughter and one Sonali Kumari and other girls
pasted on door. On inquiry they got to know that petitioner and
other accused, printed obscene photographs and pasted at public
places.
Patna High Court CR. MISC. No.13901 of 2026(2) dt.27-04-2026
2/2
4. Learned counsel for the petitioner submits that the
allegations against the petitioner, in the FIR is totally false
fabricated and concocted. It is further submitted that there is no
specific allegation against the petitioner for defaming the family
of the informant by printing and circulating picture rather there
is the picture of the victim along with the petitioner. It is further
submitted that petitioner is also victim and his objectionable
picture with the daughter of the informant is circulated and
accordingly no case is made out against the petitioner. It has
lastly been submitted that the petitioner has no criminal
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that there is direct
allegation of circulating and posting nude photos of victim
along with himself against the petitioner.
6. Considering the nature and gravity of allegation,
prayer for anticipatory bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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