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Patna High Court

Md. Sabbir @ Sabir @ Md. SaabbirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding that continued pre‑trial detention would be punitive and violative of Article 21.

Summary

The petitioner, Md. Sabbir, was arrested in May 2025 on charges under Section 95 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 67, 67(A), 67(B) of the Information Technology Act and Sections 15(1) and 15(2) of the POCSO Act. He had been in judicial custody since 5 May 2025 and his earlier bail application was rejected. Counsel argued that the prolonged pre‑trial detention violated Article 21 of the Constitution and that the trial had progressed minimally, with only one witness examined. The State opposed bail. The Court, noting that continued detention would be punitive and contrary to the spirit of Article 21, granted regular bail on a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and appearance in court.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences under the IT Act and POCSO Act.
  • Whether the length of pre‑trial detention violates the right to liberty under Article 21 of the Constitution.
  • Whether the trial progress (only one witness examined) justifies granting bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • cyber offences
  • IT Act
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.16752 of 2026
                        Arising Out of PS. Case No.-27 Year-2025 Thana- Cyber P.S. District- Purnia
                 ======================================================
                 Md. Sabbir @ Sabir @ Md. Saabbir Son of Md. Jahir Resident of Village -
                 Belgachi, Ward no. -06, P.S. - Dagarua, District - Purnea.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Niharika Rani, Advocate
                 For the Opposite Party/s :         Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   18-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with Cyber

                   P.S. Case No. 27 of 2025, instituted for the offences under

                   Section 95 of the Bharatiya Nyaya Sanhita, 2023, read with

                   Sections 67, 67(A), 67(B) of the I.T. Act, Sections 15(1) and

                   15(2) of the POCSO Act.

                           3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by this Court vide order dated

                   10.09.2025 passed in Cr. Misc. No. 40622 of 2025 taking into

                   consideration the ample material against the petitioner to show

                   his involvement in the alleged offence.
Patna High Court CR. MISC. No.16752 of 2026(2) dt.18-03-2026
                                            2/3




                  4.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 05.05.2025

          without any rhymes or reason and has got no criminal

          antecedent. It is also submitted that earlier, liberty was granted

          to the petitioner to renew the prayer for grant of bail before the

          Trial Court if the trial is not concluded within a period of four

          months, but only one witness has been examined in this case

          and remaining are yet to be examined. Learned counsel for the

          petitioner next submits that the continued incarceration of the

          petitioner without conclusion of trial amounts to a gross

          violation of the fundamental right guaranteed under Article 21

          of the Constitution of India, which reiterated by Hon’ble Apex

          Court in plethora of Judgments.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  6.    Considering the aforesaid facts and circumstances of

          the case, the period of custody undergone by the petitioner and

          taking into account the fact that continued detention of the

          petitioner would serve no purpose other than punitive pretrial

          incarceration, which is antithetical to the spirit of Article 21 of

          the Constitution of India, this Court is inclined to grant bail to

          the petitioner.
             Patna High Court CR. MISC. No.16752 of 2026(2) dt.18-03-2026
                                                         3/3




                                7.     Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Cyber P.S. Case No.

                       27 of 2025, subject to the following conditions:

                                     (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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