Md. Noman @ Nauman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1577 of 2026 Arising Out of PS. Case No.-139 Year-2025 Thana- MAHALGAON District- Araria ====================================================== Md. Noman @ Nauman S/o Suddin R/o Vill- Joginder, Ward No. 11, P.S.- Mahagaon, Distt- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Ziaul Quamar For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 352, 351(2), 308(2)/3(5) of the B.N.S. and Sections 66(c), 66(D) of I.T. Act.
3. The allegation against the petitioner is that he prepared obscene photos and videos of the informant and make it viral thereafter petitioner demanded Rs.5 lakhs and informant gave Rs. 2 lakhs. The further allegation is that despite payment, the petitioner allegedly continued sending obscene material to the mobiles phones of the informant's husband and brother-in-law.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that petitioner has no criminal antecedent, as statement made in para 3 of the bail application.
Patna High Court CR. MISC. No.1577 of 2026(2) dt.28-01-2026 2/2
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. The offences alleged to have been committed by the petitioner carries punishment less than 7 years. The Court below should have taken appropriate decision in terms of Arnesh Kumar Vs. State of Bihar and Another 2014(8)SCC 273, Satendra Kumar Vs. CBI and Anr. in SLP(Cr.) No.5191 of 2021 and Naushad Ansari Vs. State of Bihar in Cr. Misc. No.3536 of 2024, but instead thereof, the Court below has rejected the anticipatory bail of the petitioner.
7. Considering these facts and aforesaid decisions, I am inclined to grant anticipatory bail to the petitioner.
8. Let the petitioner, as named above, in the event of his arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Mahalgaon P.S. Case No. 139 of 2025, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
sanjeev/- (Alok Kumar Sinha, J) U