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Patna High Court

Ishu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and sureties.

Summary

The petitioner, Ishu Kumar, was arrested in connection with a cyber‑crime case alleging offences under IPC sections 354(C) and 509 and IT Act sections 66C, 66E, 67 and 67A, for allegedly making a joint photograph of himself and the informant’s minor daughter viral on social media. The informant, the minor’s father, opposed bail, claiming the petitioner’s involvement in the offence. The petitioner contended he was innocent, that the FIR contained no allegation against him, that he had been granted the benefit of Section 41(1) of the CrPC, and that he had a clean antecedent, having been in custody since 15‑Oct‑2025. The Court examined the nature of the allegations, the petitioner’s claim of innocence, and the risk of non‑appearance or tampering with evidence. Considering the circumstances, the Court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation and appearance before the court. The bail may be cancelled if the petitioner fails to appear on two consecutive dates without valid cause.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged offences under IPC 354(C), 509 and IT Act 66C, 66E, 67, 67A.
  • Whether the absence of a specific allegation in the FIR and the benefit of Section 41(1) CrPC justify bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or obstructing the trial.

Legislation cited

Subjects

  • bail
  • cybercrime
  • sexual harassment
  • privacy violation
  • IT Act
  • IPC
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86705 of 2025
                        Arising Out of PS. Case No.-6 Year-2023 Thana- Cyber P.S. District- Khagaria
                 ======================================================
                 Ishu Kumar S/o- Sunil Paswan R/v- Sanholi Ps- Chitragupta Nagar Dist-
                 Khagaria
                                                                      ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     X S/o- Y R/v- Sanhouli W.No-2, Ps- Chitragupta Nagar Dist- Khagaria
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Manoj Kumar Singh, Advocate
                                                    Mrs. Sweta Suman, Advocate
                 For the State             :        Md. Matloob Rab, APP
                 For the Informant         :        Mr. Ranjeet Kr. Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   20-02-2026                   Heard learned counsel for the petitioner as well as the

                   informant and learned APP for the State.

                                 2. The petitioner seeks bail in connection with Khagaria

                   Cyber P.S. Case No. 06 of 2023 in a case registered for the offence

                   punishable under Sections 354(C), 509 of the IPC and 66C, 66E, 67,

                   67A of IT Act, 2000.

                                 3. The informant is father of the minor victim. As per

                   allegation, some unknown persons, after preparing joint photograph

                   of the petitioner and the daughter of the informant, made it viral on

                   social media platform.

                                 4. Learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner himself is a victim as some unknown

                   persons made his photograph viral. It has further been submitted that
             Patna High Court CR. MISC. No.86705 of 2025(3) dt.20-02-2026
                                                         2/2




                       there is no allegation against the petitioner in the FIR at all. The

                       benefit of Section 41(1) was given to the petitioner by the police. The

                       petitioner is a person of clean antecedent and is in custody since

                       15.10.2025.

                                    5. Learned counsel for the informant has opposed the

                       prayer for bail of the petitioner.

                                    6. Considering the aforesaid facts and circumstances, let

                       the petitioner named above, be released 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,

                       Khagaria in connection with Khagaria Cyber P.S. Case No. 06 of

                       2023 with condition that the petitioner shall cooperate with the trial

                       of the case and make himself available as and when required by the

                       court.

                                    7. The petitioner will appear on each and every date

                       fixed by the Court below and if he fail to do so on two

                       consecutive dates, unless he is prevented by extremely adverse

                       circumstances, the learned Court below will be at liberty to

                       cancel the bail bond of the petitioner.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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