Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88061 of 2025 Arising Out of PS. Case No.-254 Year-2023 Thana- Cyber P.S. District- Patna ====================================================== Akash Kumar S/O Jitendra Kumar R/O Village- Nurchak, P.O- Chiksi, P.SSigori, VTC- Nurchak, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dy. S.P. Cum S.H.O. Patna Cyber Investigation Cella, Patna Economic Offence Unit, Bihar, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijaya Laxmi Srivastawa, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Cyber P.S. Case No. 254 of 2023, instituted under Sections 67(A), 67(B) of the I.T. Act.
3. As per the prosecution case, informant/ Dy. S.P.- cum-SHO, Patna Cyber P.S. got informed regarding child pornography through a letter to take necessary action on NCMEC Tipline No. 161124617 as it came to the notice that resembling sexual harassment of minor had been uploaded/ shared on social media through Facebook by mobile no. 8102158106.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.88061 of 2025(2) dt.12-01-2026 2/3 petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. The mobile in question was allotted in the name of grandfather of the petitioner which was used by the family members not exclusively by the petitioner. After investigation charge-sheet has already been submitted. No custodial interrogation of the petitioner at this stage is required. Petitioner is a student who is a young boy of 21 years having no criminal antecedent. There is no chance of absconding of petitioner or tampering with the evidence. He undertakes to cooperate in the investigation and trial. Similarly situated coaccused, namely, Siyaram Kunwar @ Siyaram Kumar has already been granted anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 27.03.2025 passed in Cr. Misc. No. 56945 of 2024.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.88061 of 2025(2) dt.12-01-2026 3/3 Chief Judicial Magistrate, Patna in connection with Cyber P.S. Case No. 254 of 2023, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J) rakhi/- U T