Patna High Court
Amin @ AchchheversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Amin, was charged under Sections 74, 75, 77, 351(2) of the Bihar Narcotic and Psychotropic Substances Act and Section 12 of the Protection of Children from Sexual Offences (POCSO) Act for allegedly making a viral obscene picture of an informant. He had been in custody since 25 December 2025 and applied for regular bail. The court examined the seriousness of the alleged offences, particularly the sexual nature of the conduct involving a minor, and concluded that bail could not be granted. Consequently, the bail application was dismissed. The court clarified that its observations were limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner in offences under the BNS Act and POCSO Act involving obscene material.
Legislation cited
Subjects
- regular bail
- obscenity
- POCSO
- sexual offences
- criminal procedure
- seriousness of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27506 of 2026
Arising Out of PS. Case No.-413 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Amin @ Achchhe S/O Md. Mustkim @ Mohammad Mustkin Village-
Mohiuddinpur, PS- Siwan Mufassil, District- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Mrs. X D/O Mr. Y Informant of Siwar Mufassil P.S. Case no. 413/2025, R/O
Village- Mohiuddinpur, PS- Siwan Mufassil, District- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Singh
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection
with Pre Trial No. 1489 of 2025 arising out of Siwan Muffasil
P.S. Case No. 413 of 2025 registered for the offence under
Sections 74, 75, 77, 351(2) of the BNS and under Section 12 of
the POCSO Act.
3. As per the prosecution case, the petitioner is
said to have made viral the obscene picture of informant.
4. The petitioner is in jail since 25.12.2025.
5. Considering the seriousness of the offence
alleged to have been committed by the petitioner, this Court is
Patna High Court CR. MISC. No.27506 of 2026(2) dt.28-04-2026
2/2
not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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