Patna High Court
SADDAM HUSSAINversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Saddam Hussain, was arrested in connection with a cyber‑crime case alleging possession of child pornography, charged under Section 95 of the Bharatiya Nyaya Sanhita, 2023, Sections 67, 67(A), 67(B) of the IT Act and Sections 15(1) and 15(2) of the POCSO Act. Police intercepted a mobile phone containing pornographic material and alleged it was in the petitioner’s conscious possession. The petitioner contended that he is innocent, that the phone and the associated e‑mail ID do not belong to him, and that the charge‑sheet is vague and omnibus, while also noting his lack of prior criminal record. The State opposed bail, arguing the seriousness of the offences. After considering the custody period, the absence of antecedents, and the petitioner’s claims, the Court inclined to grant bail, imposing a cash bond of Rs. 15,000 with two sureties and conditions of family surety and regular appearance. The bail was ordered subject to cancellation if the petitioner defaults on two consecutive appearances.
Issues considered
- Whether bail can be granted in a case involving alleged child pornography under the Bharatiya Nyaya Sanhita, IT Act and POCSO Act.
- Whether the material recovered from the mobile phone establishes possession by the petitioner.
- Whether the petitioner’s claim of non‑ownership of the phone and e‑mail ID creates reasonable doubt warranting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 95
- Information Technology Act — s. 67, 67(A), 67(B)
- Protection of Children from Sexual Offences (POCSO) Act — s. 15(1), 15(2)
Subjects
- bail
- child pornography
- IT Act
- POCSO Act
- possession
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72478 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- Cyber P.S. District- Purnia
======================================================
SADDAM HUSSAIN S/O Shahbuddin @ Md. Shahbuddin R/O Village-
Gothfar, P.S- Baisi, Purnea, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Pankaj, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Purnea
Cyber P.S. Case No. 64 of 2025, instituted for the offences
punishable under Section 95 of the Bharatiya Nyaya Sanhita,
2023, read with Sections 67, 67(A), 67(B) of the I.T. Act,
Sections 15(1) and 15(2) of the POCSO Act.
3. The prosecution case, in short, is that the police
intercepted the petitioner and recovered a mobile phone
containing videos and photos of child pornography.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case and
charge has also been framed against the petitioner. No
Patna High Court CR. MISC. No.72478 of 2025(3) dt.13-03-2026
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incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that neither the alleged mobile phone nor the e-
mail id belong to the petitioner. No specific allegation has been
attributed against the petitioner rather the same is general and
omnibus in nature. The petitioner is in custody since 27.08.2025
and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Purnea Cyber P.S.
Case No. 64 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.72478 of 2025(3) dt.13-03-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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