Patna High Court

Om Prakash Kumar @ Om PrakashversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Om Prakash Kumar, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. and the Information Technology Act. The prosecution alleged that he threatened an informant and her husband and posted obscene photographs of the informant on social media. The court examined the seriousness of the allegations, the specific and direct nature of the accusations, and the gravity of the offences. Considering these factors, the court found that the criteria for granting anticipatory bail were not met. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Sections 79, 75(2), 74, 77, 351(2), 351(3) of the B.N.S. and Sections 66(E) and 67 of the IT Act

Legislation cited

B.N.S. — s. 351(2), 351(3), 74, 75(2), 77, 79
Information Technology Act — s. 66(E), 67

Subjects

anticipatory bail
cyber crime
obscene material
threat
IT Act
B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6122 of 2026

                      Arising Out of PS. Case No.-85 Year-2025 Thana- Cyber P.S. District- Aurangabad
                 ======================================================
                 Om Prakash Kumar @ Om Prakash S/o- Ram Autar Kumar Village- Chetan
                 Ps- Fesar Dist- Aurangabad

                                                                                      ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Ms. Mukul Kumari, Advocate
                 For the State             :        Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 79, 75(2),

                   74, 77, 351(2) and 351(3) of the B.N.S. and Sections 66(E) and

                   67 of the I.T. Act.

                                3. As per prosecution case, it is alleged that this

                   petitioner threatened the informant and her husband and also

                   posted obscene photographs of the informant on social media.

                                4. Considering the facts and circumstances of the

                   case, specific and direct nature of accusation and gravity of

                   offence, the prayer for grant of anticipatory bail to the petitioner
             Patna High Court CR. MISC. No.6122 of 2026(2) dt.04-02-2026
                                                         2/2




                       is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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