Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is denied.
Summary
The petitioners, Rahul Kumar and Rohit Kumar Chaudhary, were alleged to have posted the name and photograph of an informant on Facebook and Instagram to harass her. The investigation linked them to the alleged offence through mobile number records. They sought anticipatory bail for offences under sections 75, 78, 79, 356(2), 352, 351(3)(4) of the Bihar Narcotic Substances Act, 2023 and section 67 of the Information Technology Act. The Court examined the seriousness of the allegations and the potential for tampering with evidence. Concluding that the nature of the allegations warranted custody, the Court refused anticipatory bail. The petitioners were ordered to surrender within four weeks and to apply for regular bail, failing which the police were directed to arrest them.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of cyber‑harassment and related offences under the B.N.S., 2023 and the IT Act.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 351(3)(4), 352, 356(2), 75, 78, 79
- Information Technology Act — s. 67
Subjects
- anticipatory bail
- cyber harassment
- social media
- section 67 IT Act
- B.N.S. 2023
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89068 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- Cyber P.S. District- Saran
======================================================
1. Rahul Kumar Son of Mohan Choudhary Resident of Village- Sikti Bhikham,
P.S.- Mashrakh, District- Saran
2. Rohit Kumar Chaudhary Son of Late Madan Chaudhary Resident of Village-
Sikti Bhikham, P.S.- Mashrakh, District- Saran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Jha, Advocate
For the State : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises
out of Saran Cyber P.S. Case No.151 of 2025 for the offence
under sections 75, 78, 79, 356(2), 352, 351(3)(4) of the B.N.S.,
2023 and under section 67 of the I.T. Act.
3. It is alleged that the petitioners have
circulated the name and photograph of the informant on social
media such as, Facebook and Instagram in order to harass her.
Further, during the investigation, materials including mobile
numbers have come to connect the petitioners with the crime.
4. Considering the nature of allegation levelled
against the petitioners, I am not inclined to grant anticipatory
bail to the petitioners. Accordingly, this anticipatory bail
Patna High Court CR. MISC. No.89068 of 2025(3) dt.26-02-2026
2/2
application is rejected.
5. The petitioners are directed to surrender
before the Court below within four weeks from today and pray
for regular bail, failing which, the Superintendent of Police,
Saran, shall take all steps for arresting the petitioner.
(Sandeep Kumar, J)
pawan/-
U T
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