Patna High Court

Md. Noman @ NaumanversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

Anticipatory bail is granted to the petitioner subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Md. Noman, was accused of creating and circulating obscene photographs and videos of an informant, demanding Rs.5 lakh, receiving Rs.2 lakh, and allegedly continuing to send obscene material after payment. He sought anticipatory bail, claiming innocence and no prior criminal record. The State opposed the bail, but the court noted that the alleged offences under the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and the Information Technology Act carry punishments of less than seven years. Citing precedents such as Arnesh Kumar v. State of Bihar, Satendra Kumar v. CBI, and Naushad Ansari v. State of Bihar, the court found the lower court’s denial of bail erroneous. Consequently, the court granted anticipatory bail subject to conditions under section 482(2) of the B.N.S., with a bail bond and sureties.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the allegations under the B.N.S. and IT Act.
Whether the lower court erred in rejecting anticipatory bail in light of the nature of the offences and relevant jurisprudence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 308(2)/3(5), 351(2), 352, 482(2)
Information Technology Act — s. 66(c), 66(D)

Subjects

anticipatory bail
obscenity
extortion
cybercrime
B.N.S.
IT Act
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1577 of 2026
                     Arising Out of PS. Case No.-139 Year-2025 Thana- MAHALGAON District- Araria
                 ======================================================
                 Md. Noman @ Nauman S/o Suddin R/o Vill- Joginder, Ward No. 11, P.S.-
                 Mahagaon, Distt- Araria
                                                                      ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md Ziaul Quamar
                 For the Opposite Party/s :      Mr.Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered for

                   the offence punishable under Sections 126(2), 115(2), 352, 351(2),

                   308(2)/3(5) of the B.N.S. and Sections 66(c), 66(D) of I.T. Act.

                                3. The allegation against the petitioner is that he prepared

                   obscene photos and videos of the informant and make it viral

                   thereafter petitioner demanded Rs.5 lakhs and informant gave Rs. 2

                   lakhs. The further allegation is that despite payment, the petitioner

                   allegedly continued sending obscene material to the mobiles

                   phones of the informant’s husband and brother-in-law.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the present

                   case. He further submits that petitioner has no criminal antecedent,

                   as statement made in para 3 of the bail application.
            Patna High Court CR. MISC. No.1577 of 2026(2) dt.28-01-2026
                                                        2/2




                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioner.

                                   6. The offences alleged to have been committed by the

                      petitioner carries punishment less than 7 years. The Court below

                      should have taken appropriate decision in terms of Arnesh Kumar

                      Vs. State of Bihar and Another 2014(8)SCC 273, Satendra

                      Kumar Vs. CBI and Anr. in SLP(Cr.) No.5191 of 2021 and

                      Naushad Ansari Vs. State of Bihar in Cr. Misc. No.3536 of 2024,

                      but instead thereof, the Court below has rejected the anticipatory

                      bail of the petitioner.

                                   7. Considering these facts and aforesaid decisions, I am

                      inclined to grant anticipatory bail to the petitioner.

                                   8. Let the petitioner, as named above, in the event of his

                      arrest or surrender within four weeks from today, be enlarged on

                      bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of the

                      learned Chief Judicial Magistrate, Araria, in connection with

                      Mahalgaon P.S. Case No. 139 of 2025,                subject to the conditions

                      laid down under section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



sanjeev/-                                                         (Alok Kumar Sinha, J)
U

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