Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to strict conditions.
Summary
Manish Kumar was arrested in February 2025 for allegedly creating and circulating obscene photographs and videos of an informant's daughter on social media and for threatening the informant and his wife. He was charged under multiple sections of the Bihar Narcotic Substances Act (B.N.S.) and sections 66E, 67 and 67‑A of the Information Technology Act. The petitioner, represented by Mr. Jeetendra Narayan, filed a second application for regular bail, arguing that he had already been in custody for more than a year and that the maximum punishment for the alleged offences was three years. The State, represented by Mr. Binod Kumar, opposed the bail. The Patna High Court, after considering the facts and the duration of custody, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with several conditions regarding police attendance, trial cooperation, non‑tampering with evidence, and refraining from further offences. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner given the nature of the offences under the B.N.S. and the IT Act?
- Does the petitioner’s prolonged pre‑trial custody and the maximum statutory punishment affect his right to bail?
Legislation cited
- Bihar Narcotic Substances Act — s. 351(3), 351(4), 352, 356(2), 75, 77, 78, 79
- Information Technology Act, 2000 — s. 66E, 67, 67-A
Subjects
- regular bail
- cyber crime
- obscene material
- threats
- Information Technology Act
- Bihar Narcotic Substances Act
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32541 of 2026
Arising Out of PS. Case No.-29 Year-2025 Thana- Cyber P.S. District- Saran
======================================================
Manish Kumar S/o Rajeshwar Bhagat R/o Village - Bankawa, P.O - Rasuli,
P.S- Panapur, District - Saran at Chapra, Pin - 841433. Presently R/o - Bhuli
Basti (Kumhar Tola), P.S - Bankmore Bhuli, District - Dhanbad - 828104,
State - Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Saran Cyber P.S. Case No. 29 of 2025
registered for the offence under Sections 75, 77, 78, 79, 356(2),
352, 351(3), & 351(4) of the B.N.S. and Section 66E, 67 and
67-A of the I.T. Act.
3. As per the prosecution case, the petitioner is
accused of making obscene photographs and video of the
daughter of the informant viral on social media. He is also
accused of threatening the informant and his wife.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.32541 of 2026(2) dt.19-06-2026
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Petitioner is in custody since 07.02.2025. It is further submitted
by the learned counsel for the petitioner that the petitioner has
been sufficiently punished as he has remained in custody since
2025 and the maximum punishment for the offences committed
by the petitioner is three years.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, 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 the learned Court below where the case is
pending/successor Court in connection with Saran Cyber P.S.
Case No. 29 of 2025 subject to condition that:-
(i). The petitioner will mark his
attendance at the Bankmore Bhuli
Police Station, Dhanbad, Jharkhand
on each and every Sunday of each
month. Any default in appearance at
the Police Station would result in
cancellation of bail bond of the
petitioner;
(ii). The petitioner shall appear in the
trial regularly either personally or
through his lawyer and shall
cooperate in the trial and non-
Patna High Court CR. MISC. No.32541 of 2026(2) dt.19-06-2026
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cooperation in the trial shall result
in cancellation of the bail bond of
the petitioner;
(iii). The petitioner shall in no way try
to induce or promise or threat the
witnesses or tamper with the
evidences, failing which the State
shall be at liberty to take steps for
cancellation of the bail bonds;
(iv). The petitioner shall desist from
committing any criminal offence
again, failing which the State shall
be at liberty to take steps for
cancellation of his bail bonds.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for the
purpose of adjudication of the present bail application. Such
observations shall not be construed as an expression on the
merits of the case and shall not influence the trial or any other
proceedings in any manner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Dhanbad, Jharkhand through FAX or
e-mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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