Patna High Court
Aman Kumar Paswan @ Aman PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners as the court found no likelihood of absconding or tampering with evidence and recognized their clean antecedent.
Summary
The petitioners, Aman Kumar Paswan, Lalan Paswan and Dipa Devi, sought anticipatory bail fearing arrest in a case registered under several provisions of the Bharatiya Nyaya Sanhita and the Information Technology Act. The FIR alleged that vulgar photographs of a minor were edited and circulated on Facebook, the Facebook ID was traced to a person named Akash, and the petitioners, being Akash's parents and brother, allegedly abused and threatened the informant. The petitioners contended they have clean antecedents, were implicated only to coerce Akash, and would cooperate with the investigation if bail is granted. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs 10,000 each and sureties, invoking Section 482(2) of the BNSS, and imposed standard conditions. The application was allowed, thereby protecting the petitioners from immediate arrest.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in a case involving offences under the Bharatiya Nyaya Sanhita and the IT Act.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
- Whether the petitioners are likely to abscond, tamper with evidence or otherwise obstruct the investigation.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 319(2), 3(5), 351(2), 352, 482(2), 78, 79
- Information Technology Act — s. 66B, 66D, 66E, 67
Subjects
- anticipatory bail
- cybercrime
- child pornography
- Bharatiya Nyaya Sanhita
- Information Technology Act
- Section 482
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40614 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- Cyber P.S. District- Nawada
======================================================
1. Aman Kumar Paswan @ Aman Paswan S/O Lalan Paswan Resident of
House No. 166, Dumari no. 03, Kalmegha, PO- Jamadoba, Distt-Dhanbad,
Jharkhand Permanen R/O Village-Lalpur, PS- Kawakol, Nawada, Bihar
2. Lalan Paswan S/O Late Yugal Paswan Resident of House No. 166, Dumari
no. 03, Kalmegha, PO- Jamadoba, Distt-Dhanbad, Jharkhand Permanen R/O
Village-Lalpur, PS- Kawakol, Nawada, Bihar
3. Dipa Devi W/O lalan Paswan Resident of House No. 166, Dumari no. 03,
Kalmegha, PO- Jamadoba, Distt-Dhanbad, Jharkhand Permanen R/O
Village-Lalpur, PS- Kawakol, Nawada, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avanish Kumar Singh, Adv.
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-07-2026 1. Heard learned counsel for the petitioners, Mr.
Avanish Kumar Singh and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 79, 352,
351(2), 3(5), 78 and 319(2) of the Bharatiya Nyaya Sanhita and
Sections 66(B), 66(D), 67 and 66(E) of the I.T. Act.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and petitioner no.
3 is a woman and the informant alleges that on 19.04.2025, he
received an information that vulgar photographs of his minor
Patna High Court CR. MISC. No.40614 of 2026(2) dt.06-07-2026
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daughter had been edited and circulated on Facebook, hence she
filed an application/complaint in the Cyber Police Station for
taking necessary action against the concerned Facebook Id as
detailed in the FIR, further informant came to know that the
Facebook Id belongs to Akash, hence he went to the house of
Akash when petitioners abused and ousted him from the house
and even threatened.
4. Learned counsel for the petitioners submits that
from perusal of the allegations as alleged in the FIR, it would
manifest that thrust of the allegation is against Akash and
petitioner being parent and brother of Akash came to be
implicated only with an intent to coerce Akash into submission.
It is next submitted that if privilege of anticipatory bail is
granted the petitioners will not abscond rather will cooperate in
the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
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sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Cyber P.S. Case No. 96 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. The application stands allowed.
(Satyavrat Verma, J)
rajesh/-
U T
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