Rahul Kumar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47529 of 2026 Arising Out of PS. Case No.-17 Year-2026 Thana- Cyber P.S. District- Supaul ====================================================== 1.
Rahul Kumar Bhagat S/o Jay Prakash Bhagat R/o Village - Suryapur(Ward no-6), P.S. - Pratapganj, Dist. - Supaul.
2.
Rohit Kumar S/o Jay Prakash Bhagat R/o Village - Suryapur(Ward no. 6), P.S. - Pratapganj, Dist. - Supaul.
3.
Bebi Devi W/o Jay Prakash Bhagat R/o Village - Suryapur(Ward no. 6), P.S. - Pratapganj, Dist. - Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2026 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Supaul Cyber P.S. Case No. 17 of 2026 for the offence registered under sections 303(2), 352, 79 of BNS and 66(E), 67, 67(A), 67(B) of IT Act.
3. As per the prosecution story, the informant alleged that due to personal enmity, Roshan Kumar used the photos of her daughter and put it on Instagram. The same was repeated next day. The contention is that due to said harassment, the daughter stopped going to the School. A Panchayati took place
Patna High Court CR. MISC. No.47529 of 2026(2) dt.22-07-2026 2/3 in which allegation is that the family members which include this petitioner abused them. This led to the FIR.
4. Learned Counsel for the petitioners submit that the main role has been assigned to Roshan who repeatedly put the objectionable photo of the daughter of the informant on the Instagram. Only to implicate, allegation of abuse/threatening has been assigned to the other accused person including this petitioner.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that they also played important role and did not object to the act of the Roshan.
6. Considering the submissions of the parties as also the fact that they are family members, petitioner no. 3 is a lady, they have no criminal antecedent, in that background, this Court is inclined to grant them the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul Cyber P.S. Case
Patna High Court CR. MISC. No.47529 of 2026(2) dt.22-07-2026 3/3 No. 17 of 2026 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T