Patna High Court
Pranav Suman @ Pranav MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail is appropriate, subject to conditions, despite the pending investigation and serious nature of the allegations.
Summary
The petitioner, an 18‑year‑old student, was arrested in a case alleging offences under Sections 77, 78, 318(4) and 319(2) of the Bihar Negotiable Substances Act, Section 66(D) of the Information Technology Act and Section 12 of the POCSO Act. The allegations involve him threatening suicide, sending a morphed AI‑generated photograph of his sister to her father and a friend, and pressurising her to accept his marriage proposal. The petitioner applied for anticipatory bail, contending he has a clean record, the image was not made viral, and custodial detention would jeopardise his education. The State opposed bail, arguing the AI‑generated image caused mental agony and the offences are serious. The Court, after hearing both sides and noting the investigation is ongoing, granted anticipatory bail subject to a cash bond, sureties and compliance with Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged threats of suicide and transmission of an AI‑generated image of a minor under the IT Act, POCSO Act and B.N.S. provisions.
- Whether the pending investigation and the nature of the alleged offences preclude the grant of bail.
- Whether the petitioner’s age, clean antecedents and lack of viral dissemination of the image justify bail.
Legislation cited
- Bihar Negotiable Substances Act (B.N.S.) — s. 318(4), 319(2), 77, 78
- Criminal Procedure Code — s. 438(2)
- Information Technology Act, 2000 — s. 66(D)
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 12
Subjects
- anticipatory bail
- cyber harassment
- AI‑generated image
- minor
- IT Act
- POCSO Act
- Section 66(D)
- Section 438 Cr.P.C.
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29921 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Cyber P.S. District- Begusarai
======================================================
Pranav Suman @ Pranav Mishra S/o Suman Kumar Mishra Resident of
Village- Kaithahi, Mahabir Mandir Kaithahi, P.S.- Rajnagar, District-
Madhubani, Presently residing at Gharudaur Road, Rajiv Nagar, Road No. 26,
P.S.- Rajiv Nagar, Dist.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. x S/o Y R/o Dr. M.N. Ray Gali, Vishunpur, Beugsarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Sharma, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner, Mr. Chandra
Bhushan Prasad, learned A.P.P. for the State and learned counsel
appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 77, 78,
318(4), 319(2) of the BNS, Section 66(D) of the IT Act as well
as Section 12 of the POCSO Act.
3. The Investigating Officer of the case and the
informant, in compliance of the order dated 05.05.2026, are
present in the Court.
4. Learned counsel appearing on behalf of the
petitioner submtis that though father of the petitioner was not
called but then he has also come to witness the proceeding, thus,
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is in the Court.
5. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a young boy
aged about 18 years and the informant alleges that petitioner
was friend of his sister for the last three years and from
10.12.2025 petitioner was pressurizing his sister to accept his
proposal, when she objected, the petitioner threatened to slit his
hand and on 10.12.2025, at 6:47 p.m., the petitioner sent
photograph of his slit hand and threatened to commit suicide. It
is further alleged that his sister was contacted through a fake
telegram account on 29.12.2025 and from the same account
morphed photo of his sister was sent on her telegram ID with a
threat that the picture would be sent to her parents. It is next
alleged that on 30.12.2025, at 10:23 p.m., the morphed
photograph of his sister was sent to her father on his mobile
number from Mobile No. 9135153812 and the same photograph
was sent to her friend Aditi, on enquiry, it transpired that the
morphed picture was sent from the mobile of the petitioner’s
father.
6. Learned counsel appearing on behalf of the
petitioner submits that from perusal of the allegation as alleged
in the FIR, it would manifest that informant, who is brother of
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the victim, alleges that petitioner and the victim were friends for
the last three years and the petitioner was requesting the victim
to accept his proposal and even threatened that if his proposal is
not accepted he will commit suicide and in lieu thereof also slit
his hand and sent the said picture. It is further submitted that the
FIR does not disclose as to what proposal the petitioner was
requesting the victim to accept but then the fact which stands
admitted is that petitioner and the victim were known to each
other. It is next submitted that by way of annexure-2 series to
the anticipatory bail application, the achievement of the
petitioner has been annexed and from perusal of the same, it
would manifest that petitioner has a brilliant academic record. It
is also submitted that petitioner did not like the victim wearing a
particular type of dress, hence, he sent her photograph on the
mobile of her parents only with an intent to ensure that father of
the victim scolds her. It is further submitted that the picture of
the victim has not been made viral on any social media. It is
next submitted that if the petitioner is sent to judicial custody, in
that event, his entire career would get jeopardized and chances
are bright that he may come in contact with hardened criminals.
It is reiterated and submitted that the picture of the victim has
not been made viral on the social media, rather it was only sent
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to her parents and a friend Aditi, this amply demonstrates that
petitioner never had any intention to bring disrepute to the
victim.
7. Learned counsel appearing on behalf of the
informant opposes the prayer for anticipatory bail of the
petitioner and submits that had the picture, which was sent on
the mobile of the father of the victim, been a genuine
photograph, in that event, what is being submitted by the
learned counsel appearing on behalf of the petitioner could have
been accepted but then the photograph of the victim is AI
generated, which amply demonstrates that petitioner for ulterior
reason sent the said picture to the father of the victim which
caused mental agony to the victim and her family members.
8. On query of the Court from the Investigating
Officer of the case as to whether, the photograph sent on the
mobile of the father of the victim is AI generated or original, the
Investigating Officer fairly submits that till now, it cannot be
ascertained that the picture is AI generated and investigation in
that respect is continuing.
9. Mr. Chandra Bhushan Prasad, learned A.P.P. for the
State, at this stage, submits that since investigation of the case is
going on and the petitioner is in a vulnerable age and the
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photograph has not been made viral on the social media, if
petitioner is sent to judicial custody, in that event, it has been
rightly submitted by the learned counsel appearing on behalf of
the petitioner that he may come in contact with hardened
criminals and his entire career would get jeopardized.
10. The Court had not called the father of the
petitioner but then he has come suo motu and based on his
instruction, the learned counsel appearing on behalf of the
petitioner submits that she has instruction to make submission
that father of the petitioner will take the entire responsibility of
his child and will ensure that in future no such occurrence is
committed.
11. The Court takes the submission made on behalf of
the father of the petitioner through his learned counsel seriously
and to be sacrosanct.
12. After hearing the learned counsel for the parties,
let the petitioner, above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/Successor Court in connection with Begusarai Cyber
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P.S. Case No. 07 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
13. One of the bailors of the petitioner shall be his
father, namely, Suman Kumar Mishra.
14. The personal appearance of the Investigating
Officer of the case is dispensed with.
(Satyavrat Verma, J)
Kundan/-
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