Patna High Court
Kundan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Kundan Singh was arrested on 5 June 2024 in connection with a case alleging that he uploaded an obscene video of a victim on Facebook and Instagram and demanded Rs. 3,00,000 for its deletion. The FIR listed offences under IPC sections 354(D), 500, 509, 384, 504 and IT Act sections 67, 67(A). The petitioner, claiming a clean antecedent and that the allegations are fabricated, sought bail after more than 22 months of custody. The State opposed bail, asserting the petitioner committed the offences. The High Court, noting the petitioner’s clean record and prolonged detention, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to the lower court for implementation.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the IPC and IT Act.
- Whether the length of pre‑trial detention (over 22 months) and the petitioner’s clean antecedent justify bail.
- Whether the allegations in the FIR are false and fabricated, affecting the bail decision.
Legislation cited
- Indian Penal Code — s. 354(D), 384, 500, 504, 509
- Information Technology Act, 2000 — s. 67, 67(A)
Subjects
- bail
- pre‑trial detention
- obscene video
- IPC
- IT Act
- sexual harassment
- defamation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28075 of 2026
Arising Out of PS. Case No.-562 Year-2023 Thana- RAHUI District- Nalanda
======================================================
Kundan Singh S/O Ravi Singh R/O Village- Nayatola Majlishpur, P.S.-
Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bishwa Bijay Kumar, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr.Bishwa Bijay Kumar, learned counsel for
the petitioner and Ms.Pushpa Sinha.1, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
05.06.2024 in connection with Rahui P.S. Case No. 562 of 2023,
F.I.R. dated 23.12.2023 registered for the offence punishable
under Sections 354(D), 500,509,384,504,34 of IPC and Sections
67,67(A) of I.T.Act but the chargesheet has been submitted
under Sections 354(D), 500,509,384,504 of IPC and Sections
67,67(A) of I.T.Act.
3. Allegation against the petitioner is of uploading
obscene video of victim on Facebook and Instagram. The victim
has given Rs. 3,00,000/- to the petitioner in many installments
for deleting said video.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.28075 of 2026(2) dt.27-04-2026
2/3
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. The police,
after investigation, submitted the chargesheet against the
petitioner and the petitioner is in custody since 05.06.2024 i.e.
more than 22 months.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner has committed the crime in question
as alleged in the FIR.
6. Considering the aforesaid facts, petitioner has clean
antecedent as well as the period of custody, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-II, Biharsharif,
Nalanda in connection with Rahui P.S. Case No. 562 of 2023,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.28075 of 2026(2) dt.27-04-2026
3/3
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…