Patna High Court

Mithun Choudhary @ Mithun KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court refused to grant pre‑arrest bail, holding that the seriousness of the offences warranted the continuation of the investigation and possible arrest.

Summary

Mithun Choudhary was charged under sections 74, 75(1), 78(2), 64(1), 318(4), 351(2) and 352 of the BNS for allegedly establishing a physical relationship with an informant's daughter under the pretext of marriage and subsequently circulating obscene photographs of her on social media. The petitioner feared arrest and applied for pre‑arrest bail. The Court examined the seriousness of the allegations, noting that the offences involve sexual exploitation and the distribution of obscene material, which are grave in nature. Considering the nature and gravity of the accusations, the Court found no sufficient ground to grant bail at this stage. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

What is the appropriate discretion of the Court in granting or refusing pre‑arrest bail in cases involving alleged sexual exploitation and distribution of obscene material?

Legislation cited

BNS — s. 318(4), 351(2), 352, 64(1), 74, 75(1), 78(2)

Subjects

pre‑arrest bail
sexual exploitation
obscene material
criminal procedure
Bihar

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.80892 of 2025
                        Arising Out of PS. Case No.-48 Year-2025 Thana- BASANHI District- Saharsa
                  ======================================================
                  Mithun Choudhary @ Mithun Kumar S/o Brahmdeo Choudhary @
                  Badhandeo Choudhary R/o Vill- Mahua Bazar, Ward No. 6, P.S.- Basnahi,
                  Distt- Saharsa

                                                                                    ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Vikram Singh, Advocate
                  For the Opposite Party/s :       Mr. Arun Kumar Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    09-02-2026                        Heard learned counsel for the petitioner and the
                    State .
                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under section 74, 75 (1) , 78 ( 2 ), 64 (1) ,
                    318 ( 4 ), 351 ( 2 ) and 352 of BNS.
                                 3 . As per F.I.R. this petitioner established physcial
                    relation with the daughter of informant on pretext of marriage
                    and later, made her obscene photographs viral on social media .
                                 4. Considering the nature of accusation and gravity of
                    offence , prayer for pre-arrest bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

Continue reading with your account

Checking your session…