Md. Sabir @ Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40622 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- Cyber P.S. District- Purnia ====================================================== Md. Sabir @ Sabir Son of Md. Jahir Resident of Village - Belgachi, P.S.- Dagaruwa, District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard Mr. Vikram Singh, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Cyber P.S. Case No. 27 of 2025 instituted for the offences under Section 95 of the Bharatiya Nyaya Sanhita, 2023, Sections 67, 67A, 67(B) of the IT Act and Sections 15(1), 15(2) of the POCSO Act.

3. Prosecution case, in short, is that child pornographic videos were found in the mobile of the petitioner during verification.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.40622 of 2025(4) dt.10-09-2025 2/3 in the FIR and he has falsely been implicated in the present case. Learned counsel further submitted that during investigation till today, no identity of victim or assessment of age as well as type of pornography purported to have been uploaded by the petitioner.. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.05.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that as per the material available in the case diary, police during investigation recovered the mobile phone of the petitioner with the child pornographic videos and, thereafter submitted charge-sheet against the petitioner. Learned APP, therefore, prayed that the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case as also there being ample material against the petitioner to show his involvement in the alleged offlence, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial.

Patna High Court CR. MISC. No.40622 of 2025(4) dt.10-09-2025 3/3

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of four months from today. (Rudra Prakash Mishra, J) Alok Verma/- U T