Patna High Court
Shashi Kumar @ Shashi Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the petitioner’s clean antecedent, the nature of the allegations, the filing of a compromise petition, and the submission of the charge sheet, bail could be granted under Section 480(3) of the BNS subject to conditions.
Summary
Shashi Kumar was arrested for allegedly preparing an obscene video of an informant during a video call and uploading it to Instagram, violating several sections of the BNS and the Information Technology Act. The petitioner contended that he was falsely implicated, asserting that his Instagram account had been hacked and that no obscene material was found on his phone. He also highlighted a compromise petition filed by the informant, his clean antecedent, and the fact that he had been in custody since 25‑08‑2025 with a charge sheet already submitted. The State opposed bail, but the court examined the nature of the allegations, the petitioner’s background, and the compromise. Considering these factors, the court granted bail under Section 480(3) of the BNS, subject to a bond of Rs 10,000 with two sureties and specific conditions. The order directs the petitioner to appear before the trial court as required and outlines consequences for non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail under Section 480(3) of the BNS for the alleged offences under the BNS and the IT Act
- Whether the alleged hacking of the petitioner’s Instagram account negates criminal liability
- Whether the filing of a compromise petition by the informant influences the grant of bail
Legislation cited
- Information Technology Act, 2000 — s. 66(e), 67, 67(a)
Subjects
- bail
- obscene material
- cyber crime
- hacking
- compromise petition
- Information Technology Act
- BNS
- Section 480(3)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83356 of 2025
Arising Out of PS. Case No.-242 Year-2025 Thana- Cyber P.S. District- Saran
======================================================
Shashi Kumar @ Shashi Kumar Giri S/O Surendra Giri R/O Village- Rampur,
P.S- Gaura (Previously Marhaura), Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Mamta Vijaya, Adv.
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Saran Cyber P.S. Case No. 242 of 2025,
registered for the offences under Sections 75, 77, 78, 79, 365(2),
351(3), 351(4) of the BNS and Section 66(e), 67, 67(a) of the IT
Act.
3. As per prosecution case, the petitioner, an
acquaintance of the informant, surreptitiously prepared an
obscene video of the informant during a video call. When the
informant stopped talking to him, the petitioner uploaded her
obscene photo/video on Instagram.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in this case and he is
Patna High Court CR. MISC. No.83356 of 2025(4) dt.11-02-2026
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innocent. The petitioner has nothing to do with the Instagram ID
on which the obscene videos and photos were uploaded.
Learned counsel further submits that someone hacked his
Instagram ID and uploaded the obscene videos and photos from
his Instagram ID and the informant named him due to suspicion.
Nothing incriminating or obscene has been found on the mobile
phone of the petitioner. Now the matter has been settled and a
compromise petition has been filed by the informant before the
learned trial court. Petitioner is having clean antecedent and he
is in custody since 25.08.2025. Charge sheet has been
submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of allegation, clean antecedent of the petitioner, his
period of custody and submission of charge sheet, the petitioner
is directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned JMFC,
Saran at Chapra/concerned court, in connection with Saran
Cyber P.S. Case No. 242 of 2025, subject to the condition laid
Patna High Court CR. MISC. No.83356 of 2025(4) dt.11-02-2026
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down under Section 480(3) of the BNSS and other following
conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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