Patna High Court
Shakti Kumar @ Shakti SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
Petitioner Shakti Kumar (Shakti Singh) sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the POCSO Act, 2012, alleging assault on a minor and other offences. The informant alleged that the petitioner, along with others, assaulted the minor's mother and the informant, causing injuries, and also seized a mobile phone. The petitioner contended he has a clean record, is falsely implicated due to a land dispute, and that the allegations against him are vague and the injuries minor. The State and the informant opposed the bail, arguing the seriousness of the offences. The Court, after considering the circumstances, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. 2023. The order directs the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the B.N.S. 2023.
- Whether the allegations against the petitioner constitute a serious offence warranting denial of bail.
- Whether the petitioner is likely to flee, tamper with evidence, or influence witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- anticipatory bail
- PCSO Act
- assault
- land dispute
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17766 of 2026
Arising Out of PS. Case No.-394 Year-2025 Thana- BELAGANJ District- Gaya
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Shakti Kumar @ Shakti Singh S/o Ajit Kumar Singh R/o Village - Tetar, P.S -
Atri, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX S/o YY R/o Village - Sherpur, P.S - Belaganj, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Tkakur, Sr. Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Sections 115(2), 126(2),
109(1), 74, 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023 and
Section 8 and 12 of the POCSO Act, 2012.
3. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is a person with clean
antecedent and the informant alleges that a minor niece, was
returning from the shop on 30.06.2025 at 9 A.M., when she was
intercepted by Rahul and Shakti Singh (petitioner) and they
started acting inappropriately with the minor, on alarm her
mother came out when Rahul with rod, Kaushelendra with lathi
Patna High Court CR. MISC. No.17766 of 2026(2) dt.05-05-2026
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along with Shakti assaulted his mother (Shila Devi) saying if
case is instituted then they will kill her and Rahul assaulted his
mother by rod causing injury on head and Shakti along with
Kaushelendra assaulted the informant by lathi causing injury on
head, further, Siyaram, father of Rahul along with Puja and
Vandana assaulted his wife, Soni, by fist and Rahul snatched the
mobile of her sister who was trying to videograph the
occurrence.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has falsely
been implicated in the instant case by the informant. It is next
submitted that land dispute is brewing between the parties as
such altercation took place in which both side assaulted each
other. It is also submitted that from the side of the petitioner,
Belaganj P.S. Case No.406 of 2025 came to be instituted against
the informant and his side, it is also submitted that petitioner is
brother-in-law (Bahnoi) of Rahul and the informant implicated
the petitioner only with a view to coarse Rahul and his family
members, it is next submitted that it does not appear probable
that Rahul along with the husband of his sister would have acted
inappropriately with the minor, it is next submitted that even
presuming what has been alleged is true without admitting then
Patna High Court CR. MISC. No.17766 of 2026(2) dt.05-05-2026
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allegation of assault against the petitioner is not specific and
even the injury suffered by the injured has been opined to be
simple in nature.
5. Learned A.P.P. for the State as well as learned
counsel for the informant oppose the prayer for anticipatory bail
of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, I am inclined to grant privilege of anticipatory bail
to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, 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 the learned Additional Sessions Judge-VI-cum-
Special Judge of POCSO Act, Gaya, in connection with
Belaganj P.S. Case No. 394 of 2025, subject to the conditions
laid down under section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Satyavrat Verma, J)
sanjeev/-
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