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2025 Supreme(Online)(Pat) 4612

PATNA HIGH COURT
S. B. Pd. Singh, J
Abhishek Kumar – Appellant
Versus
The State Of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.83908 of 2025|PS. Case No.-60 Year-2025



Advocates:
For the Appellants/Petitioners: Mr. Saket Tiwary
For the Respondents: Mr. Pradeep Narain Kumar

Anticipatory bail granted based on lack of incriminating evidence against the petitioner.

Headnote:The petitioner seeks anticipatory bail under Sections 318(4), 340(2) of the Bharatiya Nyaya Sanhita and Sections 67, 67(A) of the I.T. Act claiming innocence and absence of incriminating evidence. The court finds merit in the petition and allows bail to the petitioner on certain conditions.

Result: The petitioner is directed to surrender in the court below and will be granted bail upon arrest or surrender.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 05-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 318 (4), 340(2) of Bharatiya Nyaya Sanhita and Sections 67 , 67(A) of I.T. Act .

3. Allegation against the petitioner is that he allegedly blackmailed the informant’s daughter, threatened to ruin her life, and created multiple social media accounts concerning her, causing her to fall into depression and develop suicidal tendencies.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has committed no offence. It is contended that no obscene call, threatening message, or objectionable post has ever been made from the petitioner’s mobile number. As per the forensic report, no virtual ID or online address is found to be linked with the petitioner’s mobile number. It is further submitted that the petitioner and the informant’s daughter are students of the same college. A statement has also been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of his arrest or surrender in connection with Darbhanga Cyber P.S. Case no. 60 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Darbhanga, subject to the conditions as laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).

(S. B. Pd. Singh, J)

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