Shivam Kumar Singh @ Shivam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31655 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Shivam Kumar Singh @ Shivam Singh S/O Krishna Singh R/O VillageVillage- Dumri Chhapiya, P.S- Masrakh, Distt.- Saran. 2.
Lalan Singh S/O Deonath Singh @ Devanath Singh R/O Village- Dumri Chhapiya, P.S- Masrakh, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-07-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners are apprehending arrest in connection with Chapra Muffasil P.S. Case No. 10 of 2025 lodged on 05.01.2025, for the offence punishable under Sections 127(2), 109, 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with section 67 of the Information Technology (Amendment) Act, 2000.
3. As per the prosecution, FIR has been lodged against two named accused persons (both the present petitioners) against whom there is an allegation that they have entered in the
Patna High Court CR. MISC. No.31655 of 2025(3) dt.23-07-2025 2/3 house of informant and started abusing him and then petitioner no.2 caught hold of informant and petitioner no.1 gave knife blow to the informant on his neck. It is further alleged that petitioner no.1 induced informant's wife and managed to click some intimate photos and uploaded them on social media and circulated it among family and relatives and demanded Rs.2 Lacs for deleting the photos.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that against petitioner no.2, there is allegation of abuse and also to caught hold of informant, whereas, against petitioner no.1, there is allegation of attack on the informant by knife. Counsel submits that due to dirty village politics, name of petitioners have been inserted in this case. Counsel further submits that the petitioners have no criminal antecedent.
5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that from the FIR itself, it become crystal clear that both the accused persons in connivance with each other have committed offence as well as there is also offence under I.T Act in this case.
6. Learned APP for the State opposes the prayer for bail of the petitioners.
Patna High Court CR. MISC. No.31655 of 2025(3) dt.23-07-2025 3/3
7. In the present facts and circumstances of this case, let the petitioner no.2 namely, Lalan Singh be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Muffasil P.S. Case No. 10 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
8. So far as petitioner no.1, namely Shivam Kumar Singh @ Shivam Singh is concerned, this Court is not inclined to grant bail to him. Accordingly, the prayer for anticipatory bail of the petitioner no.1 is hereby rejected.
(Dr. Anshuman, J) Divyansh/- U T