Shashi Kumar @ Shashi Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83356 of 2025 Arising Out of PS. Case No.-242 Year-2025 Thana- Cyber P.S. District- Saran ====================================================== Shashi Kumar @ Shashi Kumar Giri S/O Surendra Giri R/O Village- Rampur, P.S- Gaura (Previously Marhaura), Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mamta Vijaya, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Saran Cyber P.S. Case No. 242 of 2025, registered for the offences under Sections 75, 77, 78, 79, 365(2), 351(3), 351(4) of the BNS and Section 66(e), 67, 67(a) of the IT Act.

3. As per prosecution case, the petitioner, an acquaintance of the informant, surreptitiously prepared an obscene video of the informant during a video call. When the informant stopped talking to him, the petitioner uploaded her obscene photo/video on Instagram.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he is

Patna High Court CR. MISC. No.83356 of 2025(4) dt.11-02-2026 2/3 innocent. The petitioner has nothing to do with the Instagram ID on which the obscene videos and photos were uploaded. Learned counsel further submits that someone hacked his Instagram ID and uploaded the obscene videos and photos from his Instagram ID and the informant named him due to suspicion. Nothing incriminating or obscene has been found on the mobile phone of the petitioner. Now the matter has been settled and a compromise petition has been filed by the informant before the learned trial court. Petitioner is having clean antecedent and he is in custody since 25.08.2025. Charge sheet has been submitted.

5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of allegation, clean antecedent of the petitioner, his period of custody and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned JMFC, Saran at Chapra/concerned court, in connection with Saran Cyber P.S. Case No. 242 of 2025, subject to the condition laid

Patna High Court CR. MISC. No.83356 of 2025(4) dt.11-02-2026 3/3 down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T