Patna High Court Grants Anticipatory Bail to Social Media Influencer Accused of Spreading Rumors

Court finds no prima facie case against Manish Kashyap, citing his exercise of freedom of speech under Article 19

In a significant ruling, the Patna High Court on November 12, 2025, granted anticipatory bail to social media influencer Tirpurari Kumar Tiwari, popularly known as Manish Kashyap, who was accused of spreading rumors by uploading a controversial video on social media. The video, which depicted stones inserted between fish-plates on railway tracks, allegedly aimed to tarnish the reputation of the Indian Railways and incite sabotage.

The bench, presided by Justice Chandra Shekhar Jha, found that the petitioner was exercising his fundamental right to freedom of speech and expression as enshrined under Article 19 of the Indian Constitution. The court noted that Kashyap had tagged the Ministry of Railways in his post, seeking verification of the video's authenticity, thereby indicating no malicious intent.

The allegations against Kashyap were registered under various sections of the Bharatiya Nyay Sanhita, 2023, and the Information Technology Act, 2000. However, the court observed that there was no prima facie evidence to substantiate the claims of rumor-mongering or intent to sabotage. Justice Jha pointed out that the video was uploaded without alteration, merely as an alert for the authorities.

Kashyap's defense, represented by Advocate Devashish Giri, argued that the influencer had no intention to spread panic and had acted responsibly by tagging the concerned ministry. Giri highlighted that if Kashyap intended to spread rumors, he would have utilized his more extensive reach on Facebook, where he has over 5.2 million followers.

The court also considered Kashyap's background, noting his involvement in multiple legal cases, but acknowledged his recent acquittals and discharged status in several of them. The judge referenced the Supreme Court's decision in "Prabhakar Tewari v. State of U.P." to emphasize that bail should not be withheld if the case lacks substantive merit.

The High Court's order directs Kashyap to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount. The conditions specified under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita apply. This decision marks a crucial precedent in balancing the rights to freedom of expression with national security concerns.

Bottom Line:

Anticipatory bail granted to petitioner accused of spreading rumors and uploading videos on social media platforms, alleging sabotage of railway tracks, as the petitioner was exercising his fundamental right under Article 19 of the Constitution of India. Court notes no prima facie case made out against the petitioner.

Statutory provision(s): Article 19 of the Constitution of India, Bharatiya Nyay Sanhita, 2023 Sections 353, 125, 299, 61(2), 196, 3(5), Information Technology Act, 2000 Sections 66 and 66(F), Section 438(2) Cr.P.C., Section 482(2) Bharatiya Nagarik Suraksha Sanhita

Tirpurari Kumar Tiwari @ Manish Kashyap v. State of Bihar, (Patna) : Law Finder Doc Id # 2809071