Created by Fuzzy Cloud

Patna High Court

Aman Kumar Paswan @ Aman PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.40614 of 2026(2) dt.06-07-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.