Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is to be granted to the petitioner subject to the stipulated conditions.
Summary
Petitioner Prakash Kumar was arrested in connection with a cyber‑crime case (Rohtas Cyber P.S. Case No. 35 of 2025) alleging that he sent obscene messages and threatened to make them public unless money was paid, invoking sections 78, 79, 308(3), 351(2) of the B.N.S. and sections 67 and 67A of the Information Technology Act. The petitioner claimed innocence, arguing that the case was based solely on his own confessional statement, that no incriminating material was recovered from his possession, and that the phone number cited belonged to another person. He also highlighted that he was already on bail in a related case and had only one prior criminal antecedent. The State opposed bail. The High Court, after considering the circumstances, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions such as presence at trial, a close relative as a surety, and verification of criminal antecedents. The order emphasized that the bail conditions are not to delay the trial and that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner accused under sections of the B.N.S. and the Information Technology Act for alleged obscene communication and threats.
- Whether the reliance on the petitioner's own confessional statement and lack of seized incriminating material justify granting bail.
- Whether the petitioner's prior criminal antecedent and existing bail in another case affect the decision on bail.
Legislation cited
- B.N.S. — s. 308(3), 351(2), 78, 79
- Information Technology Act — s. 67, 67A
Subjects
- bail
- cyber crime
- obscene material
- Information Technology Act
- confession
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85989 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- Cyber P.S. District- Rohtas
======================================================
Prakash Kumar S/o- Dinesh Sah @ Dinesh Kumar Sah Resident Of Village-
Ajampur Desari, Ps- Chandpur, Dist-Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh, Adv.
For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Rohtas
(Cyber) P.S. Case No. 35 of 2025 dated 17.06.2025 registered
for the offence(s) punishable under Section(s) 78, 79, 308(3)
and 351(2) of the B.N.S. and Sections 67 and 67A of the
Information Technology Act.
3. As per the prosecution case, the informant has
alleged that he received a call and certain filthy and obscene
messages and videos from a certain mobile number. It has
further been alleged that the caller had been threatening the
informant to make the said video and obscene messages viral if
the money is not paid to him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.85989 of 2025(2) dt.09-01-2026
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case only because he was an accused in Rohtas (Cyber) P.S.
Case No. 47 of 2025. It has next been submitted that the
petitioner has been implicated in this case only on the basis of
confessional statement of the petitioner himself. It has further
been submitted that the petitioner is on bail in the aforesaid
Rohtas (Cyber) P.S. Case No. 47 of 2025. Learned counsel has
further submitted that no such recovery of incriminating article
has been made from the conscious possession of the petitioner
and admittedly the number, which has been stated by the
informant in the F.I.R., belonged to one Ranjan Kumari,
District- Samastipur and the petitioner has no connection with
her. It has lastly been submitted that the petitioner has one
criminal antecedent in which he is on bail and he is in custody
since 16.09.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Rohtas at Sasaram in connection with
Rohtas (Cyber) P.S. Case No. 35 of 2025, subject to the
Patna High Court CR. MISC. No.85989 of 2025(2) dt.09-01-2026
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following terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two 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.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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