AT PATNA CRIMINAL MISCELLANEOUS No. 13767 of 2025 · Patna High Court
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 77, 294
- Protection of Children from Sexual Offences Act, 2012 ss. 15(1), 15(2)
- Information Technology Act, 2000 ss. 66(E), 67, 67(A), 67(B)
Judgment
Sanjiv Kumar, Police Inspector, EOU, Bihar Dr. Sri Krishna Singh Path, Baily Road, Patna.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the E.O.U. : Mr. Uday Bhanu Ray, Adv. Mr. Santosh Chandra Bhaskar, Adv Mr. V.N.P. Sinha, Sr. Adv. Mr. Vijay Anand, Adv. Mr. Mukesh Kumar Singh, APP For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH : 5 28-05-2025 Heard learned counsel for the petitioner, learned ORAL ORDER counsel for the E.O.U. and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 77, 294 of the B.N.S, 2023, Section 15(1), 15(2) of the POCSO Act and Section 66(E), 67/67(A) and 67(B) of the I.T. Act.
3. As per prosecution story, the allegation against the petitioner is of selling and purchasing pornographic materials of minor children and women through his mobile Patna High Court CR. MISC. No.13767 of 2025(5) dt.28-05-2025 which was seized by the team of E.O.U. on tracking of location of the same.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. A statement has been made in para 8 of the petition that petitioner neither ever sold any child porn video material nor he has any concern with the alleged occurrence. It is further submitted that petitioner has been made scapegoat by the police to save its own skin on the pressure of unsolved cases and on pressure confessional statement of the petitioners was taken. It is further submitted that the petitioner is a student pursuing his graduation and he is preparing for competitive examination at Patna in rental house and appeared several exams and he will be prejudiced and will suffer due to the working mechanism of investigation agency. He lastly submits that after completion of investigation chargesheet has been submitted and petitioner is in custody since 25.12.2024 having no criminal history.
Learned counsel appearing for the E.O.U. has vehemently opposed the prayer of Bail. Patna High Court CR. MISC. No.13767 of 2025(5) dt.28-05-2025
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, after framing of charge, 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 learned Additional District and Sessions Judge-VI-cum-special Judge POCSO, Patna, in connection with Economic Offences Unit (E.O.U.) P.S. Case No. 29 of 2024 (Special Case No. 13 of 2025). (S. B. Pd. Singh, J) Rajiv/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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