Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the photographs annexed to the FIR prima facie establish the petitioner’s involvement in uploading obscene material, warranting the rejection of his anticipatory bail plea.
Summary
Santosh Kumar was named in an FIR for allegedly uploading obscene photographs of a married informant on Facebook, alleged under Sections 75(2), 79 and 356(2) of the Bihar Narcotic Substances Act and Sections 67 and 67A of the Information Technology Act, 2000. The petitioner claimed the Facebook ID cited in the FIR did not belong to him and that he was falsely implicated, while also noting a pending excise case for which he was on bail. The State argued that the photographs annexed to the FIR clearly linked the petitioner to the obscene material and that his conduct caused marital distress to the informant. After hearing both sides, the court found the FIR annexures to prima facie establish the petitioner’s involvement and rejected his anticipatory bail application. Consequently, the bail petition was dismissed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged uploading of obscene photographs.
- Whether the material uploaded constitutes an offence under Sections 67 and 67A of the IT Act, 2000.
- Whether the FIR annexures are sufficient to link the petitioner to the alleged obscene photographs.
Legislation cited
- Bihar Narcotic Substances Act — s. 356(2), 75(2), 79
- Information Technology Act, 2000 — s. 67, 67A
Subjects
- anticipatory bail
- obscene material
- Information Technology Act
- cyber crime
- social media
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39275 of 2026
Arising Out of PS. Case No.-147 Year-2024 Thana- Cyber P.S. District- Aurangabad
======================================================
Santosh Kumar S/o Surendra Yadav Resident of village - Laluchak, P.S -
Daudnagar, District - Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anchanla Kumari D/o Rajeshwar Singh R/o Village - Parihara, P.S -
Khudawan, District - Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Chandra Bhaskar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Aurangabad
Cyber P.S. Case No. 147 of 2024 registered for the
offences punishable under Sections 75(2), 79, 356(2) of
BNS and Section 67 and 67(A) of IT Act, 2000.
3. As per FIR petitioner alleged to upload the
obscene photographs of the informant on social media
platform, which was captured out of previous
acquaintance/ relationship.
Patna High Court CR. MISC. No.39275 of 2026(2) dt.18-06-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioner that petitioner falsely
implicated with present case. It is pointed out that
Facebook id is not of petitioner. Explaining criminal
antecedent, it is submitted that petitioner found involved
in one more criminal case which is related to excise,
where he is on bail.
5. Learned APP while opposing the prayer of
bail submitted that the photographs annexed with FIR
running from page 13-18 is sufficient to suggest that
petitioner was in relationship with informant and out of
said relationship he captured obscene photographs on
several occasions which he uploaded on Facebook. It is
submitted that the informant is a married lady and
petitioner is sending her obscene photographs to her
matrimonial families making a troublesome situation to
her married life. It is pointed out that Facebook id links
is mentioned in FIR itself. While concluding argument it
is submitted that petitioner is a man having criminal
Patna High Court CR. MISC. No.39275 of 2026(2) dt.18-06-2026
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antecedent.
6. In view of aforesaid factual submission and
by taking note of fact that photographs annexed with
FIR prima-facie suggests that the obscene photographs
of informant was uploaded to social media like by
petitioner, accordingly, the prayer of anticipatory bail of
petitioner stands rejected.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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