Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and sureties, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Akash Kumar, a 21‑year‑old student, sought anticipatory bail after learning that he might be arrested in a cyber‑crime case (Case No. 254 of 2023) under Sections 67(A) and 67(B) of the Information Technology Act for alleged child pornography posted on Facebook from a mobile number registered in his grandfather’s name. The prosecution’s case was based on a tip received via the NCMEC tipline, alleging that the content was shared using the said mobile. The petitioner argued that the phone was used by multiple family members, he had no criminal record, and there was no risk of absconding or tampering with evidence. The State opposed the bail. The Court, after considering the submissions, ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 67(A) and 67(B) of the IT Act in view of the alleged child‑pornography offence.
- Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing the investigation.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Information Technology Act — s. 67(A), 67(B)
Subjects
- anticipatory bail
- cybercrime
- child pornography
- Information Technology Act
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- bail
- mobile phone ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88061 of 2025
Arising Out of PS. Case No.-254 Year-2023 Thana- Cyber P.S. District- Patna
======================================================
Akash Kumar S/O Jitendra Kumar R/O Village- Nurchak, P.O- Chiksi, P.S-
Sigori, VTC- Nurchak, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dy. S.P. Cum S.H.O. Patna Cyber Investigation Cella, Patna Economic
Offence Unit, Bihar, Patna. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijaya Laxmi Srivastawa, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Cyber P.S. Case No. 254 of 2023, instituted under Sections
67(A), 67(B) of the I.T. Act.
3. As per the prosecution case, informant/ Dy. S.P.-
cum-SHO, Patna Cyber P.S. got informed regarding child
pornography through a letter to take necessary action on
NCMEC Tipline No. 161124617 as it came to the notice that
resembling sexual harassment of minor had been uploaded/
shared on social media through Facebook by mobile no.
8102158106.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.88061 of 2025(2) dt.12-01-2026
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petitioner is innocent and has falsely been implicated in this
case on the basis of suspicion. The mobile in question was
allotted in the name of grandfather of the petitioner which was
used by the family members not exclusively by the petitioner.
After investigation charge-sheet has already been submitted. No
custodial interrogation of the petitioner at this stage is required.
Petitioner is a student who is a young boy of 21 years having no
criminal antecedent. There is no chance of absconding of
petitioner or tampering with the evidence. He undertakes to co-
operate in the investigation and trial. Similarly situated co-
accused, namely, Siyaram Kunwar @ Siyaram Kumar has
already been granted anticipatory bail by a Co-ordinate Bench
of this Court, vide order dated 27.03.2025 passed in Cr. Misc.
No. 56945 of 2024.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.88061 of 2025(2) dt.12-01-2026
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Chief Judicial Magistrate, Patna in connection with Cyber P.S.
Case No. 254 of 2023, subject to the conditions laid down in
Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita
(B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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