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Patna High Court

Md. ShabbirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court confirmed the provisional bail granted to the petitioner, subject to a condition that bail will be cancelled if he makes the girl's private photographs or videos viral.

Summary

The petitioner, Md. Shabbir, was granted interim bail on 1 April 2026 in a criminal miscellaneous case. The matter involved allegations that the petitioner was a pervert and that the girl’s family opposed his marriage to her. The petitioner applied for confirmation of the provisional bail, and the court, after hearing counsel, confirmed the bail with the same conditions. The court imposed a specific condition that if the petitioner disseminates the girl’s private photographs or videos, his bail would be automatically cancelled. The order clarified that its observations were prima facie and limited to the bail application, not affecting the merits of the underlying case.

Issues considered

  • Whether the provisional bail granted to the petitioner should be confirmed
  • Whether conditions can be imposed on bail to prevent the dissemination of private photographs/videos

Subjects

  • bail
  • provisional bail
  • privacy
  • sexual misconduct
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19956 of 2026
                  Arising Out of PS. Case No.-519 Year-2025 Thana- PATNA CITY CHOWK District- Patna
                 ======================================================
                 Md. Shabbir Son of Md. Ejaj Khan @ Md. Ezaz Khan @ Munna Resident of
                 Mohalla- Khan Mirza, Mahendru, Police Station- Sultanganj, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXX Daughter of Md. Iqbal Resident of village- Bagh Bhalu Khan, Ps-
                 Chowk, Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Krishna Jha, Advocate
                 For the Opposite Party/s :      Mr. Madhura Nand Jha, APP
                 For the OP 2             :      Mr. Harish Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   16-04-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the O.P.

                   No. 2.

                                2. The petitioner was granted interim bail on

                   01.04.2026. Considering the allegations levelled in the FIR,

                   today, both the parties have appeared. This Court has tried to

                   settle the dispute between the parties, but it appears that the

                   girl’s side is not interested in marrying the petitioner as he is

                   alleged to be a pervert.

                                3. Under these circumstances, the provisional bail

                   granted to the petitioner by order dated 01.04.2026 is hereby

                   confirmed. Accordingly, the application stands allowed. The
            Patna High Court CR. MISC. No.19956 of 2026(3) dt.16-04-2026
                                                        2/2




                      petitioner shall remain on the same bail bonds as furnished

                      earlier. This is subject to the condition that if the petitioner

                      makes the girl's private photographs/videos viral, his bail bonds

                      shall automatically stand cancelled.

                                   4. 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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