Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail was denied on the ground of the seriousness of the offences and the petitioner’s repeat criminal history.
Summary
Vikash Kumar was charged with blackmail, extortion, and the unlawful dissemination of objectionable videos, invoking sections 341, 448, 504, 506, 323, 354(D) of the IPC and section 67 of the Information Technology Act. The prosecution alleged that he threatened to upload the complainant’s private material on social media to extract money, and subsequently did so when the demand was refused. The petitioner, who has five prior convictions of a similar nature, applied for pre‑arrest bail. The court examined the seriousness of the offences, the petitioner’s habitual criminal record, and the potential for further harm. Considering these factors, the bench concluded that bail would be inappropriate. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- Whether pre‑arrest bail should be granted to a habitual offender accused of blackmail, extortion, and cyber‑offences under the IPC and IT Act
Legislation cited
- Indian Penal Code — s. 323, 341, 354(D), 448, 504, 506
- Information Technology Act — s. 67
Subjects
- blackmail
- extortion
- cybercrime
- pre‑arrest bail
- habitual offender
- IPC
- IT Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5380 of 2026
Arising Out of PS. Case No.-398 Year-2022 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Vikash Kumar S/o- Sudhir Kumar Tiwari R/v- Mathanamal Ps- Goraul Dist-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar , Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 341 , 448 , 504, 506, 323
and 354 ( D ) of IPC and 67 of I.T. Act.
3 . As per the prosecution case , allegation against this
petitioner is of blackmailing the informant by threatening to
upload her objectionable pictures and videos on social media ,
extorting money from her and when informant refused to meet
his demand, he uploaded her objectionable videos on social
media .
4. From perusal of the record, it appears that
petitioner is habitual offender and has got 5 criminal antecedents
Patna High Court CR. MISC. No.5380 of 2026(2) dt.28-01-2026
2/2
and that too are of similar nature .
5 . Considering the aforesaid facts, nature of
accusation , criminal antecedents of this petitioner and other
circumstances of the case , prayer for pre-arrest bail of the
petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…