Patna High Court
Shyam Kumar @ Shyam Baran MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners.
Summary
The petitioners, Shyam Kumar and Rahul Kumar, sought anticipatory bail fearing arrest in a case alleging offences under IPC sections 341, 342, 323, 354B, 34 and POCSO Act section 8, where they were accused of threatening and attempting to molest a woman in a grain field. The prosecution alleged that the petitioners, along with two unknown persons, forced the victim to the fields and tried to molest her on 18‑12‑2023. The petitioners contended they were innocent, claiming the victim’s statement under Section 164 CrPC did not name them and that the case was motivated by personal grudges of the victim’s father against his brothers‑in‑law. The State opposed the anticipatory bail. The Court, noting the general and omnibus nature of the accusation and the absence of the petitioners’ names in the victim’s statement, granted anticipatory bail, directing them to surrender within eight weeks on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the allegations under the IPC and POCSO Act.
- Whether the victim’s statement, which does not name the petitioners, is sufficient to deny bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164, 482(2)
- Indian Penal Code — s. 323, 34, 341, 342, 354B
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- Indian Penal Code
- POCSO Act
- sexual assault
- false implication
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78487 of 2025
Arising Out of PS. Case No.-517 Year-2023 Thana- BELHAR District- Banka
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1. Shyam Kumar @ Shyam Baran Mahto son of Lal Mohan Mahto @ Lallu
Yadav Resident Of Village- Chhotki Kharui Police Station -Tetiya Bamper
District -Munger
2. Rahul Kumar @ Rahul Yadav son of Ghyanshyam Yadav Resident Of
Village- Chhotki Kharui Police Station -Tetiya Bamper District -Munger
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ishrat Raju Shekh Daughter of Raju shekh Resident Of Village- Gorgamma,
Ps- Belhar, Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Balram Kapri, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 21-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 341, 342,
323, 354B and 34 of the Indian Penal Code and Section 8 of the
POCSO Act.
3. The prosecution case, in brief, is that on 18.12.2023
at about 7:30 AM, informant, along with her younger sister,
went to the fields to attend call of nature, in the meantime, these
petitioners, along with two unknown persons, came there,
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threatened the younger sister of informant and forcibly dragged
the informant to the grain fields and tried to molest her.
Thereafter, when younger sister of the informant along with her
father and other family members came to rescue, the accused
persons fled away.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, father of
informant has personal grudges against his brothers-in-law,
namely Bikky Yadav and Pappu Yadav and these petitioners are
known to Bikky Yadav and Pappu Yadav and only because of
this fact, petitioners have falsely been implicated in this case.
Moreover, the victim in her statement recorded under Section
164 of the Cr.P.C. has not named these petitioners.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and statement of
the victim recorded under Section 164 of the Cr.P.C., the prayer
for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.78487 of 2025(5) dt.21-04-2026
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a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate Ist
Class, Banka in connection with Belhar P.S. Case No. 517 of
2023, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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