Shakti Kumar @ Shakti Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17766 of 2026 Arising Out of PS. Case No.-394 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== Shakti Kumar @ Shakti Singh S/o Ajit Kumar Singh R/o Village - Tetar, P.S - Atri, District - Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XX S/o YY R/o Village - Sherpur, P.S - Belaganj, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Tkakur, Sr. Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 115(2), 126(2), 109(1), 74, 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023 and Section 8 and 12 of the POCSO Act, 2012.
3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that a minor niece, was returning from the shop on 30.06.2025 at 9 A.M., when she was intercepted by Rahul and Shakti Singh (petitioner) and they started acting inappropriately with the minor, on alarm her mother came out when Rahul with rod, Kaushelendra with lathi
Patna High Court CR. MISC. No.17766 of 2026(2) dt.05-05-2026 2/3 along with Shakti assaulted his mother (Shila Devi) saying if case is instituted then they will kill her and Rahul assaulted his mother by rod causing injury on head and Shakti along with Kaushelendra assaulted the informant by lathi causing injury on head, further, Siyaram, father of Rahul along with Puja and Vandana assaulted his wife, Soni, by fist and Rahul snatched the mobile of her sister who was trying to videograph the occurrence.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case by the informant. It is next submitted that land dispute is brewing between the parties as such altercation took place in which both side assaulted each other. It is also submitted that from the side of the petitioner, Belaganj P.S. Case No.406 of 2025 came to be instituted against the informant and his side, it is also submitted that petitioner is brother-in-law (Bahnoi) of Rahul and the informant implicated the petitioner only with a view to coarse Rahul and his family members, it is next submitted that it does not appear probable that Rahul along with the husband of his sister would have acted inappropriately with the minor, it is next submitted that even presuming what has been alleged is true without admitting then
Patna High Court CR. MISC. No.17766 of 2026(2) dt.05-05-2026 3/3 allegation of assault against the petitioner is not specific and even the injury suffered by the injured has been opined to be simple in nature.
5. Learned A.P.P. for the State as well as learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, I am inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of his arrest or surrender within four weeks from today, be enlarged 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 the learned Additional Sessions Judge-VI-cumSpecial Judge of POCSO Act, Gaya, in connection with Belaganj P.S. Case No. 394 of 2025, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Satyavrat Verma, J) sanjeev/- U T