Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted to the petitioner subject to strict conditions.
Summary
Sachin Kumar was arrested in September 2025 on charges under multiple sections of the Bharatiya Nyay Sanhita, 2023 and Section 67 of the IT Act for allegedly creating an objectionable video of a woman, extorting money, and threatening to release the video. The petitioner contended that the allegations were false, the relationship was consensual, the woman was an adult, and he had a clean antecedent. The prosecution opposed bail, asserting the seriousness of the offences. The court, after hearing both sides, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was subject to cancellation if conditions were breached.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of offences under the Bharatiya Nyay Sanhita and the IT Act.
- Whether the allegations constitute sufficient ground to deny bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 303(2), 318(4), 3(5), 351(2), 352, 64(1)
- Information Technology Act — s. 67
Subjects
- bail
- extortion
- obscene video
- IT Act
- Bharatiya Nyay Sanhita
- consent
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87664 of 2025
Arising Out of PS. Case No.-106 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Sachin Kumar S/O Sanjay Singh R/O Village- Tilauti, P.S- Haspura, District-
Aurangabad, Bihar. ... ... Petitioner/s
Versus
1. The State of Bihar
2. X female D/o- Birendra Singh R/o Village - Chauram P.O.- Tarari P.S.-
Daudnagar District - Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
For the Informant : Mr. Abhay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-04-2026 Heard Mr. Yugal Kishore, learned counsel for the
petitioner Mr. Anant Kumar 1, learned Additional Public
Prosecutor for the State as well as Mr. Abhay Kumar,learned
counsel for the Informant.
2. Petitioner seeks bail who is in custody since
20.09.2025 in connection with Sahebganj P.S. Case No. 106 of
2025, F.I.R. dated 07.03.2025 for the offences punishable under
Sections 126(2), 115(2), 303(2), 64(1), 318(4), 352, 351(2), 3(5)
of the Bharatiya Nyay Sanhita, 2023 and Section 67 of the IT
Act.
3. According to prosecution case, it is alleged that the
petitioner established physical relationship with the informant
several times, made objectionable video clip and pressured her
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for marriage and demanded money from her by threatening her
to make the video viral.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. From bare perusal of the
FIR it appears that informant was in love with the petitioner and
she has admitted herself in the FIR that she has made physical
relationship with the petitioner which suggest that she was in
consensual relationship with the petitioner. It can also be
inferred from the FIR that the victim was major at the time the
alleged incident began. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 20.09.2025.
5. The learned Additional Public Prosecutor for the
State and learned counsel for the Informant have vehemently
opposed the prayer for bail of the petitioner and submit that
petitioner has committed wrong with the informant and
petitioner has also demanded money from the informant.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
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the like amount each to the satisfaction of the learned A.C.J.M-
2nd, West Muzaffarpur in connection with Sahebganj P.S. Case
No. 106 of 2025,subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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