Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail is warranted given the petitioner’s clean antecedent and lack of recovered evidence.
Summary
Manish Kumar applied for anticipatory bail after being implicated in a case alleging that he took obscene photographs of a minor, assaulted her, and attempted to abduct her, offences punishable under Section 74 of the Bharatiya Nyaya Sanhita, Section 67 of the Information Technology Act and Section 12 of the Protection of Children from Sexual Offences Act. The petitioner contended that the allegations were false, intended to coerce him into marrying the informant’s daughter, and that no photographic or digital evidence was found in his possession. The State opposed the bail, emphasizing the seriousness of the charges. The High Court, noting the petitioner’s clean antecedent, lack of seized evidence, and the nature of the accusations, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under the Bharatiya Nyaya Sanhita, the Information Technology Act and the Protection of Children from Sexual Offences Act.
- Whether the petitioner’s clean antecedent and absence of seized digital evidence justify the grant of anticipatory bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence or committing further offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 74
- Information Technology Act — s. 67
- Protection of Children from Sexual Offences Act — s. 12
Subjects
- anticipatory bail
- child sexual offences
- obscene material
- digital evidence
- clean antecedent
- Bharatiya Nyaya Sanhita
- Information Technology Act
- Protection of Children from Sexual Offences Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83516 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- SHAMBHUGANJ District- Banka
======================================================
Manish Kumar S/o Munilal Das @ Muni La Das R/o vill - Khemichak, P.s. -
Amarpur, Distt.- Banka (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dayanand Das S/o Late Kishun Das R/o vill - Belari, P.S.- Shambhuganj,
Distt.- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Section 74 of the Bharatiya
Nyaya Sanhita, Section 67 of the Information Technology Act to
which, Section 12 of the Protection of Children from Sexual
Offences Act was added later on.
3. Prosecution case, in brief, is that this petitioner
made obscene photographs of the minor daughter of informant
viral on Instagram and Facebook. It is further alleged that this
petitioner also assaulted her and tried to take her away on a
motorcycle and threatened her with dire consequences.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.83516 of 2025(2) dt.06-01-2026
2/2
petitioner is innocent and has committed no offence. As a matter
of fact, petitioner has falsely been implicated in this case with a
view to pressurize petitioner to solemnize marriage with the
daughter of informant. It is further submitted that no
photographs, as alleged, or any digital evidence was recovered
from the possession or house of this petitioner. Petitioner is
student and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Banka in connection with Shambhuganj P. S. Case
No. 30 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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