Patna High Court
Md. ManirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Sunni Kumar, was arrested in connection with a 2023 case alleging that he captured and circulated obscene photographs of a female informant and threatened her, invoking Sections 354 and 506 of the IPC and Section 66A of the IT Act. The petitioner contended that the alleged incident occurred in 2019, no photographs were seized, and he cooperated fully with the investigation, which culminated in a charge‑sheet. He applied for bail, asserting a clean antecedent and that arrest was unnecessary. The Additional Public Prosecutor opposed bail. The High Court, noting the completed investigation, the charge‑sheet, and the petitioner’s clean record, ordered his release on bail subject to a bond of Rs.10,000 and two sureties, and conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 354, 506 IPC and 66A IT Act
- Whether the petitioner’s cooperation and clean antecedent justify release without arrest
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 354, 506
- Information Technology Act — s. 66A
Subjects
- bail
- IPC
- IT Act
- obscene material
- criminal intimidation
- investigation
- charge sheet
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40162 of 2026
Arising Out of PS. Case No.-528 Year-2023 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Sunni Kumar @ Sanni Kumar @ Sanni Kumar Thakur, Son of Madan
Thakur, Resident of Village-Jigna, P.S.- Revelganj, District- Saran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Chapra Muffasil
P.S. Case No.528 of 2023 registered under Sections 354,
506 of the Indian Penal Code and Section 66(A) of the
Information and Technology Act.
3. Allegation against petitioner is to capture
obscene photographs, sleeping together with the informant,
while she went to village of this petitioner in 2019 for her
Intermediate Examination.
4. It is alleged that after capturing the obscene
photographs, the petitioner has made it viral and asked
Patna High Court CR. MISC. No.40162 of 2026(2) dt.23-06-2026
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informant to establish physical relationship and also to marry
him. It is submitted by learned counsel for the petitioner that
the occurrence is of 2019, and during investigation, no such
photographs as alleged was ever collected by the police. It is
submitted that petitioner has co-operated during
investigation to the investigating agency, whereafter charge-
sheet was submitted. It is submitted that he was not
required to be arrested during course of investigation. The
petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the investigation of this case has
already completed after which, charge-sheet has also
submitted, accordingly, the petitioner, above-named, who is
a man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Saran at Chapra in
Patna High Court CR. MISC. No.40162 of 2026(2) dt.23-06-2026
3/3
connection with Chapra Muffasil P.S. Case No.528 of 2023,
subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure (in short ‘CrPC’)/under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,
2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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