Patna High Court

Shivam KumarversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail subject to a cash bond and specified conditions.

Summary

Shivam Kumar applied for bail in a case registered under Sections 331(4) and 305(a) of the B.N.S., alleging theft of valuables worth Rs. 10‑12 lakh. The prosecution alleged that the informant, after returning from a wedding, discovered the theft and implicated the petitioner, who had previously been remanded in another case and had a record of eleven criminal cases. The petitioner claimed innocence, asserted that his name was framed due to his antecedents, and pointed out that no material had been recovered from him despite a recorded confessional statement. The State opposed bail, emphasizing the petitioner’s extensive criminal history. After hearing both sides, the court granted bail on a Rs. 10,000 bond with two sureties, imposing conditions of cooperation, regular attendance in court, and weekly reporting to the police station.

Issues considered

Whether the petitioner is entitled to bail for offences under Sections 331(4) and 305(a) of the B.N.S. despite his criminal antecedents

Legislation cited

B.N.S. — s. 305(a), 331(4)

Subjects

bail
criminal antecedent
Section 331(4)
Section 305(a)
confessional statement
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19885 of 2026
                      Arising Out of PS. Case No.-553 Year-2024 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Shivam Kumar, S/o Manoj Das, R/o Village- Lala Toli Nun Ka Chouraha,
                 P.S- Khajekala, Dist- Patna.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raju Kumar, Advocate
                                                  Mr. Shubam Samrat, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Patliputra P.S. Case No. 553 of 2024 registered for the

                   offence punishable under Sections 331(4) and 305(a) of B.N.S.

                                 3. The case of the prosecution is that the informant

                   has gone in wedding ceremony at Madhubani. When he

                   returned, he came to know that in his apartment theft of

                   valuables worth Rs. 10-12 Lakh has been committed.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.19885 of 2026(2) dt.10-04-2026
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          case. It has further been submitted that petitioner was first of all

          remanded in Patliputra P.S. Case No. 591 of 2024 and after that

          he has been remanded in this case. It has also been submitted

          that the police has also recorded his confessional statement.

          Nothing has been recovered from his possession. His name has

          been framed in this case due to his criminal antecedent. He is

          languishing in judicial custody since 14.01.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having criminal antecedent of eleven cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned

          A.C.J.M.-X, Patna in connection with Patliputra P.S. Case No.

          553 of 2024 with the following conditions:-

                       (i) The petitioner shall cooperate in the trial and

          shall remain physically present on each and every date in

          the learned trial Court.

                       (ii) One of the bailors shall be close relative of the
             Patna High Court CR. MISC. No.19885 of 2026(2) dt.10-04-2026
                                                         3/3




                       petitioner.

                                    (iii) He shall also mark his attendance weekly at

                       Patliputra P.S.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T

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