Patna High Court
Siddharth Shankar @ Siddhu @ Siddharth KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and specified conditions.
Summary
The petitioner, Siddharth Shankar, was arrested in connection with a case alleging attempted rape, assault and other offences under Sections 76, 126(2), 115(2), 109(1) and 125(a) of the B.N.S., 2023. He claimed the allegations were false, stating that the informant’s father had assaulted him earlier and that a counter‑FIR was lodged. The informant’s counsel could not refute the petitioner’s claim of injuries, and the State opposed anticipatory bail. The court observed that there was a case and a counter‑case, the petitioner had no criminal antecedent and the injuries to the informant were simple. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and several conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged attempted rape and assault under the B.N.S., 2023
- Whether the presence of a counter‑FIR and the petitioner’s clean antecedent justify bail
- Whether the conditions imposed under Section 482(2) are sufficient to safeguard the trial
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 125(a), 126(2), 76
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- false implication
- attempted rape
- assault
- Section 482
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29730 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- MOKAMAH District- Patna
======================================================
Siddharth Shankar @ Siddhu @ Siddharth Kumar S/O Late Ranjeet Kumar
Resident of Village - Mokama, Ward no.- 11, PO and PS- Mokama,Distt-
Patna, Bihar- 803302
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Kumar Tiwari, Adv.
Mr. Harshit Ranjan, Adv.
Mr. Aditya Bharawaj, Adv.
For the Opposite Party/s : Mr.Asha Devi, APP
For the Informant : Mr. Ashok Kumar Kashyap, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the parties.
2. Counsel for the petitioner prays for and is allowed to
make necessary correction in the prayer portion of this
anticipatory bail application in course of the day.
3. The petitioner is apprehending his arrest in connection
with Mokama P.S. Case No. 42 of 2026 dated 26.01.2026
registered for the offence punishable under Section/s 76, 126(2),
115(2), 109(1) & 125(a) of the B.N.S., 2023.
4. The prosecution case, in brief, is that on 26.01.2026 at
about 2:15 a.m., while the informant was returning home after
visiting a Saraswati Puja Pandal, the petitioner allegedly
followed her, entered her house, and attempted to outrage her
modesty and commit rape. Upon her raising alarm, her father
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and brother intervened, whereupon the petitioner, allegedly
under the influence of alcohol, assaulted them, causing a head
injury to her father with a brick and injuries to her brother, and
thereafter fled from the spot.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Counsel for the petitioner submits that after
lodging of the F.I.R. by the petitioner’s side for an incident
which is said to have taken place on 26.01.2026 wherein the
Informant’s father, under the guise of Saraswati Puja collection,
approached and demanded Rs. 25,000/- but, when the
Complainant refused to pay, the Informant’s father badly and
brutally assaulted the petitioner with stick and iron rods, causing
grievous head injuries and displaced fracture of the left-side
nasal bone and the injury report has been annexed as Annexure
P/3 to the instant anticipatory bail application. It has next been
submitted that in order to get over such accusation, the instant
F.I.R. has been lodged by the Informant by making a concocted
story. It is further submitted that the petitioner is a merchant
navy officer and is a person of clean antecedent and the injuries
caused on the person of the Informant has been found to be
simple in nature. Lastly, it is submitted that the petitioner is a
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person of clean antecedent.
6. Counsel for the Informant has appeared suo motu and
opposes the prayer for grant of anticipatory bail to the petitioner
but, is not in a position to controvert the submissions made by
the petitioner with regard to injury sustained by the petitioner
and there being head injuries and possible fracture of the left-
side nasal bone.
7. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
8. Having heard learned counsel for the parties and
considering the fact that there is a case and counter case
between the parties, the petitioner has also sustained injuries
while the injury caused upon the Informant has been found to be
simple in nature and, as also, the petitioner having no criminal
antecedent, let the petitioner, above named, be released on
anticipatory bail in the event of his arrest or surrender before the
court below within a period of six weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-III, Barh (Patna) in
connection with Mokama P.S. Case No. 42 of 2026, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
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as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
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