Patna High Court
Md. Mojammil Hussain @ Mojammil HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail as the allegations are not substantiated and he has a clean antecedent.
Summary
The petitioner, Md. Mojammil Hussain, a 20‑year‑old, was charged under Sections 352 and 351(3) of the BNS and Section 67B of the Information Technology Act for allegedly attempting to make obscene photographs and videos of a minor girl viral and for harassing her by phone calls. He pleaded that no such material had been uploaded, that the complaint was false, and that he had a clean antecedent. The State opposed bail, but the court noted the FIR did not record a victim’s statement under Section 183 BNSS and there was no evidence of actual viral dissemination. Considering the petitioner’s youth, lack of prior record and the prima facie insufficiency of the prosecution’s case, the court granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order also directed the district court to verify any other criminal cases against the petitioner, which would nullify the bail if found.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations under Sections 352, 351(3) of the BNS and Section 67B of the IT Act.
- Whether the FIR and the absence of a victim’s statement under Section 183 BNSS constitute sufficient ground to deny bail.
- Whether the petitioner’s clean antecedent and the lack of evidence of actual viral dissemination justify granting bail.
Legislation cited
- BNS — s. 351(3), 352
- BNSS — s. 183, 482(2)
- Information Technology Act — s. 67B
Subjects
- pre‑arrest bail
- obscenity
- child pornography
- Information Technology Act
- Section 67B
- assault
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71205 of 2025
Arising Out of PS. Case No.-330 Year-2024 Thana- BAKHARI District- Begusarai
======================================================
Md. Mojammil Hussain @ Mojammil Hussain, aged about 20 years, S/o-
Md. Irfan Hussain @ Intasar Ahmad, Resident of Sandalpur W.No-1, Kurha
Ps- Bakhari Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mirtunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 26-02-2026 Heard Mr. Mirtunjay Kumar Tiwary, learned counsel
appearing on behalf of the petitioner and Mr. Sanjay Kumar
Pandey, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bakhari P.S. Case No. 330 of 2024 registered for the
offence(s) punishable under Sections 352,351(3), of the BNS
and Section 67B of the IT Act.
3. As per the allegation made in the FIR, the petitioner
has tried to make viral some of the obscene photos and videos of
the minor daughter of the informant and has harassed her
repeatedly by calling her from mobile number.
4. Learned counsel appearing on behalf of the
petitioner submitted that in absence of any ingredient of Section
Patna High Court CR. MISC. No.71205 of 2025(3) dt.26-02-2026
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67(A) of the IT Act, no case is made out against the petitioner
under Sections 351(3) and 352 of BNS. Petitioner don’t deny
that he was not in relationship with the daughter of the
informant but at the same time, he has not made any of the
photograph or videos of the victim viral on social media. The
petitioner further submitted that informant instead of taking
action in accordance with the required procedure laid down in
IT Act, has filed the present complaint on the basis of false
accusation, just to harass the petitioner. Learned counsel informs
this Court that petitioner had just emerged as an adult. Petitioner
has clean antecedent. On these grounds, petitioner seeks to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR, I find that the petitioner has just emerged as an adult,
aged about 20 years. From the content of FIR, it cannot be said
that any of the obscene photographs and videos of the victim
has been made viral on social media and at best it can be said
that the petitioner may have prepared to make those
photographs and videos viral, question of threatening don’t arise
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as the statement of victim has not been recorded under Section
183 BNSS to support the allegation. I am of the opinion that
petitioner, who is having clean antecedent, has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Begusarai /
Concerned Court in connection with Bakhari P.S. Case No. 330
of 2024 , subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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