Patna High Court

Md. Sher AliversusThe State of Bihar

Decided: 3 July 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The Court held that bail could not be granted because of the seriousness of the alleged child sexual exploitation offences.

Summary

Md. Sher Ali, the petitioner, applied for bail fearing arrest in a POCSO trial (No. 63 of 2024) arising from a case registered at Siwan Cyber Police Station. The prosecution alleges that he took nude photographs of a 12‑year‑old girl and circulated them, invoking Sections 67A and 67B of the Information Technology Act, Section 61(2) of the Bihar Narcotic Substances Act, and Sections 14 and 15 of the Protection of Children from Sexual Offences (POCSO) Act. The principal issue before the Court was whether bail should be granted given the seriousness of the alleged offences. The Court examined the gravity of child sexual exploitation and the potential for societal harm. Concluding that the offences were serious and the risk of tampering with evidence high, the Court declined to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether the petitioner is entitled to bail in view of the alleged offences under the IT Act, Bihar Narcotic Substances Act and POCSO Act

Legislation cited

Bihar Narcotic Substances Act — s. 61(2)
Information Technology Act — s. 67A, 67B
Protection of Children from Sexual Offences Act — s. 14, 15

Subjects

bail
POCSO
child sexual abuse
IT Act
sexual exploitation
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.34473 of 2026
                         Arising Out of PS. Case No.-78 Year-2024 Thana- Cyber P.S. District- Siwan
                  ======================================================
                  Md. Sher Ali S/o Serajuddin Ansari R/o Village - Chakiya, P.S.- Mahadeva,
                  District - Siwan.
                                                                           ... ... Petitioner/s
                                                   Versus
            1.     The State of Bihar Bihar
            2.     X Wife of Y R/o Village - Chakiya, P.S. - Mahadeva, Dist. - Siwan.
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Raghav Prasad
                  For the Opposite Party/s :        Mr.Sunil Kumar Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    03-07-2026                  Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                    with POCSO Tr. No. 63 of 2024 arising out of Siwan Cyber P.S.

                    Case No. 78 of 2024 registered for the offence under Sections

                    67A and 67B of I.T. Act read with Section 61(2) of B.N.S. and

                    Sections 14 and 15 of POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                    alleged to have taken nude pictures of 12 years old minor girl

                    and has made it viral.

                                    4. Considering the seriousness of the offence, this

                    Court is not inclined to grant bail to the petitioner.

                                    5. Accordingly, this application is dismissed.


                                                                   (Sandeep Kumar, J)
Vikas/-
U

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