Siddharth Shankar @ Siddhu @ Siddharth Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29730 of 2026 Arising Out of PS. Case No.-42 Year-2026 Thana- MOKAMAH District- Patna ====================================================== Siddharth Shankar @ Siddhu @ Siddharth Kumar S/O Late Ranjeet Kumar Resident of Village - Mokama, Ward no.- 11, PO and PS- Mokama,DisttPatna, Bihar- 803302 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kumar Tiwari, Adv.
Mr. Harshit Ranjan, Adv.
Mr. Aditya Bharawaj, Adv.
For the Opposite Party/s :
Mr.Asha Devi, APP For the Informant :
Mr. Ashok Kumar Kashyap, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-06-2026 Heard learned counsel for the parties.
2. Counsel for the petitioner prays for and is allowed to make necessary correction in the prayer portion of this anticipatory bail application in course of the day.
3. The petitioner is apprehending his arrest in connection with Mokama P.S. Case No. 42 of 2026 dated 26.01.2026 registered for the offence punishable under Section/s 76, 126(2), 115(2), 109(1) & 125(a) of the B.N.S., 2023.
4. The prosecution case, in brief, is that on 26.01.2026 at about 2:15 a.m., while the informant was returning home after visiting a Saraswati Puja Pandal, the petitioner allegedly followed her, entered her house, and attempted to outrage her modesty and commit rape. Upon her raising alarm, her father
2/4 and brother intervened, whereupon the petitioner, allegedly under the influence of alcohol, assaulted them, causing a head injury to her father with a brick and injuries to her brother, and thereafter fled from the spot.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Counsel for the petitioner submits that after lodging of the F.I.R. by the petitioner's side for an incident which is said to have taken place on 26.01.2026 wherein the Informant's father, under the guise of Saraswati Puja collection, approached and demanded Rs. 25,000/- but, when the Complainant refused to pay, the Informant's father badly and brutally assaulted the petitioner with stick and iron rods, causing grievous head injuries and displaced fracture of the left-side nasal bone and the injury report has been annexed as Annexure P/3 to the instant anticipatory bail application. It has next been submitted that in order to get over such accusation, the instant F.I.R.
has been lodged by the Informant by making a concocted story. It is further submitted that the petitioner is a merchant navy officer and is a person of clean antecedent and the injuries caused on the person of the Informant has been found to be simple in nature.
3/4 person of clean antecedent.
6. Counsel for the Informant has appeared suo motu and opposes the prayer for grant of anticipatory bail to the petitioner but, is not in a position to controvert the submissions made by the petitioner with regard to injury sustained by the petitioner and there being head injuries and possible fracture of the leftside nasal bone.
7. Learned APP for the State opposes the prayer for grant of anticipatory bail.
8. Having heard learned counsel for the parties and considering the fact that there is a case and counter case between the parties, the petitioner has also sustained injuries while the injury caused upon the Informant has been found to be simple in nature and, as also, the petitioner having no criminal antecedent, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh (Patna) in connection with Mokama P.S. Case No. 42 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
4/4 as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J) rishi/- U T