Patna High Court
Collektor @ DanishversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner.
Summary
The petitioner, a resident of Minapur, was arrested in connection with a case registered under Sections 64 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(D) and 66(E) of the Information Technology Act for allegedly making intimate photographs and videos viral. He has been in custody since 27 January 2026, claims innocence, has a clean antecedent, and asserts that the dispute with the informant has been settled. The State opposed bail, arguing that the allegations are serious and grave. The Court, after considering the nature of the offences and the circumstances, declined to grant regular bail, directing that the petitioner may re‑apply after the informant’s deposition is recorded. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused of offences under the Bharatiya Nyaya Sanhita and the IT Act involving the viral dissemination of intimate content
- Whether the seriousness of the alleged offences and the possibility of tampering with evidence justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 351(2), 64
- Information Technology Act — s. 66(D), 66(E)
Subjects
- regular bail
- criminal procedure
- cybercrime
- privacy
- intimate content
- Section 66D
- Section 66E
- Bharatiya Nyaya Sanhita
- informant deposition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19921 of 2026
Arising Out of PS. Case No.-128 Year-2025 Thana- ABADPUR District- Katihar
======================================================
Collektor @ Danish Son of Aaghori @ Bafarhad Alam Resident of Minapur
Tola, P.S.- Balia Belon, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Abadpur P.S. Case No. 128 of 2025 registered for the offence
under Sections 64, 351(2) of the Bharatiya Nyaya Sanhita, 2023
and Sections 66(D) and 66(E) of the IT Act.
3. As per the prosecution case, the petitioner is
accused of making the photographs/video of intimate moments
viral.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 27.01.2026 and has clean
antecedent. He further submits that the petitioner and the
Patna High Court CR. MISC. No.19921 of 2026(2) dt.01-04-2026
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informant have settled their disputes.
5. Learned counsel for the State vehemently opposes
the bail application and submits that the allegations against the
petitioner are serious and grave in nature.
6. Considering the aforesaid facts and circumstances
and the nature of the allegation, this Court is not inclined to
grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected with liberty to the petitioner to approach this Court
again after the deposition of the informant is recorded.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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