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Patna High Court

Kundan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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