Shivam Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16512 of 2026 Arising Out of PS. Case No.-518 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Shivam Pandey S/o Devendra Pandey @ Devendra Kr Pandey Resident of Village- Durga Pur, P.S.- Pawapuri, Dist.- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Wife of Pintu Kumar Resident of Village- Durga Pur, P.S.- Pawapuri, Dist.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-06-2026 Despite valid service of notice, no one appears on behalf of the Opposite Party No. 2.

2. Heard Mr. Manoj Kumar Pandey, learned counsel for the petitioner and Mr. Mukesh Kumar Singh, learned APP for the State.

3. Petitioner seeks bail, who is in custody since 19.11.2025, in connection with Giriyak (Pawapuri) P.S. Case No. 518 of 2025, F.I.R. dated 18.11.2025 registered for the offences punishable under Sections 76 of the B.N.S. and Sections 8 and 12 of the POCSO Act.

4. Allegation against the petitioner is that when the daughter of the informant was going to School and on the way

Patna High Court CR. MISC. No.16512 of 2026(4) dt.18-06-2026 2/3 the accused petitioner caught her hand with intention to sexually attack her.

5. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. From perusal of the F.I.R. it appears that the informant has lodged the present case only on the basis of future apprehension. It appears from the F.I.R. the petitioner has not committed any offence as alleged in the F.I.R. and nothing has come during investigation to suggest the involvement of the petitioner in the present occurrence and the petitioner has been made accused in the present case due to village politics. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 19.11.2025.

6. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

7. Considering the facts and circumstances of the case, let the petitioner, above named, be released 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 learned ADJ VII cum (Special Court) POCSO, Nalanda

Patna High Court CR. MISC. No.16512 of 2026(4) dt.18-06-2026 3/3 (Biharsharif) in connection with Giriyak (Pawapuri) P.S. Case No. 518 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that 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 antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T