IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76410 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- Cyber P.S. District- Khagaria ====================================================== Prashant Kumar S/o Ramfal Das Resident of Village - Madhavpur, P.S. - Parbatta, District - Khagaria Presently R/o Village - Sameer Nagar, Khagaria ... ... Petitioner/s Versus 1. The State of Bihar 2. X C/o Pankaj Kumar R/o Village - Hardaschack, P.S - Mufassil, District - Khagaria ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 6 24-03-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Khagaria Cyber P.S. Case No.10 of 2025 registered for the offence punishable under Sections 75 & 78 of Bharatiya Nyaya Sanhita, under Section 67(B) of the I.T. Act and under Section 8 of the POCSO Act. 3. The case of the prosecution, in short, is that the informant is a minor girl. She has filed an FIR to the effect that the petitioner has obtained her mobile number. After that they started talking and after taking the informant in confidence, the petitioner has collected her obscene photo and has forwarded Patna High Court CR. MISC. No.76410 of 2025(6) dt.24-03-2026 2/3 the same to the father of the informant and is blackmailing and also threatened her of dire consequences. 4. Learned counsel appearing on behalf of the petitioner has submitted that during course of investigation this informant has given her statement under Section 183 of the BNSS wherein she has stated that she was in relation with Brajesh and has gone to the room of Brajesh. Brajesh has collected her photograph and it is further alleged that Prashant (petitioner) has taken her number and photograph from Brajesh and that the same is being forwarded to her parents. Learned counsel for the petitioner has further submitted that the version of the victim in her statement under Section 183 of the BNSS is completely different from the FIR. There are material contradictions regarding the source of photograph. How the photograph was taken by this petitioner! At one place, she says that the petitioner himself has clicked her photograph whereas during investigation she has stated that one Brajesh has clicked her photograph and from Brajesh the photos were received by the petitioner. It has further been submitted that as per the statement of the informant under Section 183 of the BNSS, main culprit is Brajesh who has transferred the photos to the petitioner. It has further been submitted that from perusal of the Patna High Court CR. MISC. No.76410 of 2025(6) dt.24-03-2026 3/3 entire case diary it is not clear as to whether the photographs were made viral or not. Learned counsel for the petitioner has submitted that the petitioner is in judicial custody since 17.03.2025. 5. The application for bail is opposed by learned APP for the State. 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 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 court of learned Special Judge POCSO Act, Khagaria in connection with Khagaria Cyber P.S. Case No.10 of 2025. durgesh/- (Ashok Kumar Pandey, J) U T