Patna High CourtCR. MISC./8802/2025bail granted

Subodh Kumar v. The State Of Bihar

2025-05-08Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8802 of 2025 Arising Out of PS. Case No.-120 Year-2024 Thana- Cyber P.S. District- Nalanda ====================================================== Subodh Kumar S/O Nawal Kishore Prasad R/O vill.- Dayalpur, P.S.-Hilsa, Dist.- Nalanda, Biharsharif ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Shashi Kumar ASI of Nalanda Cyber PS ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2025 Heard the learned counsel for the petitioner and learned APP for the State, Sri Shyam Kumar Singh.

2. The petitioner seeks regular bail in connection with Nalanda Cyber P.S. Case No. 120 of 2024 registered for the offence under Sections 295 of the Bharatiya Nyaya Sanhita, 2023, Sections 66(D) & 67(B) of the IT Act and Section 15 of the POCSO Act. of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have circulated a child pornographic video on Instagram.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 23.11.2024 and claims clean antecedent.

Patna High Court CR. MISC. No.8802 of 2025(4) dt.08-05-2025 2/3

5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, POCSO, Bihasharif, Nalanda/concerned Court below in connection with Nalanda Cyber P.S. Case No. 120 of 2024 subject to conditions that:

(i). The petitioner will mark his attendance at the Cyber Police Station, Nalanda on the first Sunday of each month.

Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bonds of the petitioner.

(iii). The petitioner will give an affidavit that he will not indulge himself in any such crime in the future.

(iv). Before accepting the bailbonds of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bonds of the petitioner shall be

Patna High Court CR. MISC. No.8802 of 2025(4) dt.08-05-2025 3/3 accepted. If the petitioner is found having criminal antecedent(s), his bail-bonds shall not be accepted by the court below.

8. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U T