Patna High Court
Shubham Singh @ ChunnuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of clear evidence of non‑consensual capture and a demonstrable date of upload, the court held that bail should be granted to the petitioner.
Summary
The petitioner, Shubham Singh, was named in an FIR for allegedly capturing and uploading obscene photographs during a video call with a 22‑year‑old informant, in violation of Sections 76, 77, 78, 356(2) and 3 of the Bihar Penal Code and Sections 67 and 67‑A of the Information Technology Act. The petitioner’s counsel argued that the photographs were taken with the informant’s consent and that the FIR did not establish the date of any upload, suggesting the complaint was motivated by a personal dispute after the petitioner refused a relationship. The State opposed bail, asserting the allegations were specific and serious. The court examined the prima facie lack of evidence of non‑consensual capture and the absence of a clear upload date, and consequently ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Penal Code. The bail order was conditioned on the petitioner surrendering within four weeks and complying with the stipulated surety requirements.
Issues considered
- Whether the alleged capture and upload of obscene photographs without consent constitutes an offence under Sections 67 and 67‑A of the IT Act and the relevant sections of the Bihar Penal Code.
- Whether the FIR sufficiently establishes the date of upload to sustain a charge of publishing obscene material.
- Whether the petitioner is entitled to bail pending trial in view of the nature of the alleged offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Information Technology Act — s. 67, 67-A
Subjects
- bail
- cybercrime
- obscene material
- consent
- IT Act
- Section 67
- Section 67A
- Criminal Procedure
- privacy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33437 of 2025
Arising Out of PS. Case No.-246 Year-2024 Thana- Cyber P.S. District- Saran
======================================================
Shubham Singh @ Chunnu S/o Prabhu Prasad @ Prabhuji R/o Mohalla -Nai
Bazar, Near Gandhi Masjid, P.S- Bhagwan Bazar, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv
: Mr. Vijay Kumar Srivastva, Adv
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 20-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Cyber Saran P.S. Case
No. 246 of 2024 registered for the offences punishable under
Sections 76, 77, 78, 356(2) and 3 of the BNS and Sections 67 and
67-A of the IT Act.
3. The allegation against petitioner is to capture
objectionable photographs while chatting on video call and when
informant stopped talking with petitioner same was uploaded to
“Instagram” through insta id:-drama_queen_70809020,
which belongs to informant.
4. It is submitted by Mr. N.K. Agrawal, learned Sr.
counsel appearing on behalf of the petitioner that informant is 22
years old and she was fully aware that she was chatting with
Patna High Court CR. MISC. No.33437 of 2025(7) dt.20-01-2026
2/3
petitioner in nude condition. It is pointed out that photograph in
issue was captured under consent and sent to insta id of informant
with her consent. It is submitted that infact when this petitioner
who is 25 years old refused to continue relationship, present
allegation was raised. It is pointed out that any date qua uploading
of obscene photograph not appears available through this FIR
which was lodged as an afterthought, when petitioner refused to
continue relation with informant. While concluding argument, it is
submitted that above named petitioner is a man of clean
antecedent.
5. Learned APP while opposing the prayer of bail
submitted that allegation is specific against this petitioner.
6. In view of aforesaid factual submission and by taking
note of fact as prima-facie nude photograph appears to be
captured while having a video chat out of consent and prima-facie
date of uploading alleged photos on social media not appears
available, accordingly petitioner above-named, in the event of his
arrest or surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned CJM, Saran at
Chapra/concerned Court, where the case is pending in connection
Patna High Court CR. MISC. No.33437 of 2025(7) dt.20-01-2026
3/3
with Cyber Saran P.S. Case No. 246 of 2024, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C/
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
Checking your session…