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Patna High Court

Amin @ AchchheversusThe State of Bihar

Decided
Disposal
DISMISSED

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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