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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                                        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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