Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13767 of 2025 Arising Out of PS. Case No.-29 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Vishal Kumar, S/o Shiv Janam Prasad @ Shio Janam Prasad, R/O VillagePaswan, P.S- Daudnagar, Distt.- Aurangabad, at present H/o Dhananjay Kumar Verma, Postal Park Road No. 03, Brijbala Bhawan, P.S- Jakkanpur, District.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Economic Offence Unit (EOU), Patna, Bihar 3.

Sanjiv Kumar, Police Inspector, EOU, Bihar Dr. Sri Krishna Singh Path, Baily Road, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Bhanu Ray, Adv.

Mr. Santosh Chandra Bhaskar, Adv For the E.O.U.

:

Mr. V.N.P. Sinha, Sr. Adv.

Mr. Vijay Anand, Adv.

For the State :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner, learned counsel for the E.O.U. and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 77, 294 of the B.N.S, 2023, Section 15(1), 15(2) of the POCSO Act and Section 66(E), 67/67(A) and 67(B) of the I.T. Act.

3. As per prosecution story, the allegation against the petitioner is of selling and purchasing pornographic materials of minor children and women through his mobile

Patna High Court CR. MISC. No.13767 of 2025(5) dt.28-05-2025 2/3 which was seized by the team of E.O.U. on tracking of location of the same.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. A statement has been made in para 8 of the petition that petitioner neither ever sold any child porn video material nor he has any concern with the alleged occurrence. It is further submitted that petitioner has been made scapegoat by the police to save its own skin on the pressure of unsolved cases and on pressure confessional statement of the petitioners was taken. It is further submitted that the petitioner is a student pursuing his graduation and he is preparing for competitive examination at Patna in rental house and appeared several exams and he will be prejudiced and will suffer due to the working mechanism of investigation agency. He lastly submits that after completion of investigation chargesheet has been submitted and petitioner is in custody since 25.12.2024 having no criminal history.

5. Learned counsel appearing for the E.O.U. has vehemently opposed the prayer of Bail.

Patna High Court CR. MISC. No.13767 of 2025(5) dt.28-05-2025 3/3

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VI-cum-special Judge POCSO, Patna, in connection with Economic Offences Unit (E.O.U.) P.S. Case No. 29 of 2024 (Special Case No. 13 of 2025).

(S. B. Pd. Singh, J) Rajiv/- U T