Patna High Court
Manoj Kumar @ MantuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted regular bail to the petitioner with conditions of surety and physical presence at trial.
Summary
Manoj Kumar was arrested in connection with a case alleging criminal intimidation, forgery, and the creation and distribution of obscene material under Sections 506, 469 of the IPC and Sections 67, 67A of the IT Act. The complainant claimed the accused threatened his family, blackmailed his daughter, and circulated obscene photographs and a fake Facebook profile, causing harassment. The petitioner contended that the allegations were fabricated, that no incriminating material was recovered, and that the mobile phone used did not belong to him, asserting his clean antecedents and that he had been in custody since 28‑06‑2025. The State opposed bail, citing the seriousness of the offences. The High Court, considering the length of custody and lack of material evidence, ordered the petitioner’s release on regular bail subject to surety and attendance conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the IPC and IT Act
- Whether the period of custodial detention justifies bail
Legislation cited
- Indian Penal Code — s. 469, 506
- Information Technology Act — s. 67, 67A
Subjects
- bail
- criminal intimidation
- forgery
- obscene material
- IT Act
- section 67
- section 67A
- custodial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77825 of 2025
Arising Out of PS. Case No.-44 Year-2024 Thana- BEN P.S. District- Nalanda
======================================================
Manoj Kumar @ Mantu S/o Anil Kumar @ Anil Prasad R/o Village- Khaddi
Lodipur, P.S- Hilsa, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ben P.S. Case No. 44 of
2024 registered for the offences punishable under Sections 469
and 506 of Indian Penal Code and Section 67 and 67(A) of the
IT Act.
3. The prosecution case is that the complainant,
Arvind Kumar, has alleged that Manoj Kumar @ Mantu, has
threatening to kill the entire family of the complainant. It is
alleged that the accused had been blackmailing the
complainant’s daughter, for several years and had created
obscene photographs and videos of her. The complainant further
alleges that upon refusal to marry with his daughter, the accused
petitioner got such obscene photographs and videos viral on
Patna High Court CR. MISC. No.77825 of 2025(4) dt.21-01-2026
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social media and circulated obscene material to the
complainant’s family and relatives. It is also alleged that the
accused created a fake Facebook account in the name of the
complainant’s wife, and posted her phone number and
photograph on the internet, causing harassment and mental
agony to the family.
4.Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case by the informant on the basis of a fabricated and
concocted story. It is contended that both the petitioner and the
alleged victim are major and had mutually agreed to marry, but
the informant has objected to the same. Apart from the
circulation of certain photographs and videos, no incriminating
material has been recovered against the petitioner, and the
mobile phone alleged to have been used in the incident does not
belong to him. Learned counsel further submits that after
completion of investigation chargesheet has been submitted by
the police against the petitioner in the present case. The
petitioner has been languishing in judicial custody since
28.06.2025, and it is stated in paragraph 3 of the bail petition
that he has clean antecedents.
5. Learned A.P.P. appearing on behalf of the State has
Patna High Court CR. MISC. No.77825 of 2025(4) dt.21-01-2026
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vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail after framing of charge on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Nalanda at Biharsharif in connection with
Ben P.S. Case No. 44 of 2024 subject to the following
conditions:-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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