Patna High Court
Sanjay DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs. 20,000 with two sureties of the same amount.
Summary
The petitioner, Sanjay Das, was arrested in connection with a cyber case (Motihari Cyber P.S. Case No. 60 of 2025) alleging offences under several sections of the Bihar Narcotic and Substance (BNS) Act, 2023 and Sections 67 and 67A of the Information Technology Act. He contended that the allegations stemmed from a consensual relationship with the informant, a married adult woman, and that the police failed to produce any electronic evidence of obscene material. He also highlighted his clean criminal record and that the investigation had been completed while he had been in custody since May 10, 2025. The State opposed the bail application. Considering the lack of evidential material, the completion of investigation, and the petitioner’s antecedents, the Court granted regular bail on a bond of Rs. 20,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the completed investigation and lack of electronic evidence.
- Whether the nature of the alleged offences under the BNS Act, 2023 and the IT Act warrants denial of bail.
Legislation cited
- Information Technology Act — s. 67, 67A
Subjects
- regular bail
- cyber crime
- IT Act
- obscene material
- investigation completed
- criminal antecedent
- BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86672 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- Cyber P.S. District- East Champaran
======================================================
Sanjay Das, Son of Raj Kishor Das, Resident of Village - Ram Nagara
Gaushala Chowk (Ramnagra Raslpur), P.S. - Sonbarsa, District -
Sitamadhi(Sitamarhi). (Champaran has wrongly been mentioned).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 1. Heard Mr. Ajay Kumar Singh, learned counsel for
the petitioner and Mr. Pawan Kumar Chaurasia, learned APP
for the State.
2. The petitioner seeks regular bail in connection with
Motihari Cyber P. S. Case No. 60 of 2025, dated 22.04.2025
registered for the offences punishable under Sections 352,
351(2)(3), 356(1), 74, 78, 79 and 64 of the BNS, 2023 and
Sections 67 and 67(A) of the I.T. Act.
3. The main submissions advanced by the petitioner's
counsel are that the informant is a married lady and there was a
consensual physical relationship between the petitioner and the
informant, who is a major. It is further submitted that during the
investigation, the police failed to collect any electronic evidence
Patna High Court CR. MISC. No.86672 of 2025(2) dt.09-01-2026
2/2
to substantiate the informant's allegation as to circulation of the
obscene videos or photographs of their alleged physical
relationship by the petitioner with the informant. It is also
submitted that the petitioner bears no criminal antecedent and
has been languishing in jail since 10.05.2025 and the
investigation against him has been completed.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the above submissions and the averments made in
the application, mainly petitioner's custody period and the
completion of investigation against him, this court is inclined
to release him on bail. Accordingly, let the petitioner named-
above be enlarged on bail in connection with Motihari Cyber P.
S. Case No. 60 of 2025 on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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