Patna High Court
Sibodh Singh @ Suryakant SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Sibodh Singh, was accused of offences under the Bharatiya Nyaya Sanhita, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Protection of Children from Sexual Offences Act, stemming from an alleged molestation and threat to a minor. The petitioner contended that the case was false, arising from a political dispute during local body elections, and that the victim and informant had settled the matter and no longer wished to pursue the case. He also highlighted his clean antecedent. The court, noting the settlement, the petitioner’s clean record and the lack of appearance by the second opposite party, considered the anticipatory bail application. Relying on Section 482(2) of the BNSS, the court granted anticipatory bail subject to a bail bond of Rs. 10,000 and two sureties, with the condition that the bail be enlarged if the petitioner is arrested within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita despite serious allegations under the BNSS, SC/ST Act and POCSO Act.
- Whether the settlement between the victim and petitioner and the petitioner’s clean antecedent justify the grant of anticipatory bail.
- Whether the non‑appearance of the second opposite party affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 482(2), 74
- Protection of Children from Sexual Offences Act — s. 12, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- SC/ST Act
- POCSO Act
- political dispute
- settlement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85106 of 2025
Arising Out of PS. Case No.-365 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Sibodh Singh @ Suryakant Sharma S/O Late Shashikant Singh R/O Birpur,
P.S.- Naubatpur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Dwarika Manjhi R/O Nagawan, P.S.- Naubatpur, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, A.P.P.
For the O.P. No. 2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-03-2026 Despite valid service of notice, none appears on
behalf of the opposite party no. 2.
2. Heard learned counsel for the petitioner and the
State.
3. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 74 of the
Bharatiya Nyaya Sanhita, Sections 3(1)(r)(s), 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act and Sections 8, 12 of the Protection of Children
from Sexual Offences Act.
4. Prosecution case, in brief, is that this petitioner
molested and threatened the niece of informant, when she went
to the grocery shop of one Sunil Sao.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.85106 of 2025(3) dt.16-03-2026
2/2
petitioner is innocent and has committed no offence. As a matter
of fact, dispute arose between the parties in course of local body
elections at Naubatpur and taking advantage of the same, this
false and concocted case has been lodged against the petitioner.
It is further submitted that informant and the victim have filed a
petition before learned Special Judge, POCSO, Patna that they
have settled the dispute with petitioner and no longer wish to
pursue the case (Annexure P/2). Petitioner claims clean
antecedent.
6. Considering backdrop of the case, contention made
on behalf of the petitioner and clean antecedent, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Special Judge, POCSO, Patna in connection with
Naubatpur P. S. Case No. 365 of 2025, subject to condition as
laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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