Patna High Court
Shivam Singh @ Shalu SamratversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Shivam Singh was arrested in connection with a police case alleging extortion through Facebook Messenger, charged under Sections 308(4), 352 and 351(2) of the B.N.S. The petitioner contended that his identity had been misused by unknown persons and that his brother had filed a cyber‑crime complaint, asserting that he had no involvement and possessed a clean criminal record. He had been in custody since 24 September 2025, and the State opposed his bail. The court examined the claim of identity misuse, the petitioner’s clean antecedent, and the seriousness of the offences, and concluded that bail could be granted with strict conditions. Accordingly, the petitioner was released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to attendance requirements and verification of his antecedent. The order emphasized that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner despite charges of extortion, assault and criminal intimidation under the B.N.S.
- Whether the petitioner’s claim of identity misuse and lack of prior criminal record justify bail.
Subjects
- bail
- extortion
- cyber crime
- identity theft
- Facebook messenger
- criminal antecedent
- B.N.S.
- Sections 308, 352, 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82065 of 2025
Arising Out of PS. Case No.-426 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Shivam Singh @ Shalu Samrat S/o Sanjeeb Singh @ Sanjiv Kumar Singh R/o
vill - Ratanpur, P.S.- Bariyarpur, Distt.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Lakhisarai P.S. Case No. 426 of 2025 dated 01.09.2025
registered for the offences under Sections 308(4), 352 and
351(2) of the B.N.S.
3. As per the FIR the informant has alleged that the
petitioner had, through a facebook messenger, demanded
extortion money from the informant.
4. Learned counsel for the petitioner submits that the
FIR has been lodged on misconceived notion as the ID of the
petitioner was misused by some miscreants, who had demanded
the said amount and for which the brother of the petitioner had
also lodged a complaint in the cyber crime on 10.04.2025. It has
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been submitted that no such demand has been made by the
petitioner and, in fact, he has clean antecedent and no such
allegation of cyber crime has been lodged against the petitioner
earlier. It has also been submitted that the petitioner has been
made a scapegoat and in fact, he himself is a victim of cyber
crime.
5. The petitioner is in custody since 24.09.2025.
6. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
and taking into account the fact that the petitioner carries clean
antecedent, he is directed to be released on bail on his furnishing
bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Lakhisarai in connection with
Lakhisarai P.S. Case No. 426 of 2025 subject to the following
terms and conditions:
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed, if so required, by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in
Patna High Court CR. MISC. No.82065 of 2025(2) dt.05-01-2026
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violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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