Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Shivam Kumar, was arrested in connection with a theft case (PS Case No. 1086 of 2024) alleging he absconded with 60 grams of gold and Rs. 4 lakh. He sought bail, claiming he was merely a staff member falsely implicated due to unpaid salary dues and that no incriminating material was recovered from him. The prosecution opposed bail, citing the seriousness of the offences under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, and the petitioner’s prior criminal antecedent. The court considered the period of custody, the framing of charges, and the petitioner’s claim of false implication. It decided to grant bail on a bond of Rs. 15,000 with two sureties, imposing conditions of family surety and mandatory appearance at trial dates.
Issues considered
- Whether bail should be granted to the accused under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of the offence, prior antecedent and claim of false implication.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- theft
- false implication
- surety
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80603 of 2025
Arising Out of PS. Case No.-1086 Year-2024 Thana- NAWADA District- Nawada
======================================================
Shivam Kumar Son of Late Bachchu Verma Resident Of Village- Gandhi
Nagar, Ward No 3, Bus Stand Nawada Ps - Nawada Town, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sonam Kumari, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Nawada P.S. Case No. 1086 of 2024 instituted for the offence
under Sections 316(2) & 318(4) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in brief, is that the informant,
a jeweller, sent his staff to Kolkata with cash and old gold to
retrieve new jewellery from a moneylender. While one staff
member returned, Shivam Kumar (petitioner) allegedly
absconded with 60 grams of gold and Rs. 4 lakh with dishonest
intention.
4. It has been submitted on behalf of the petitioner
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that the petitioner is in custody since 07.12.2024. Petitioner
bears one criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner submits that the
petitioner was merely a staff member working in the informant’s
shop, and certain dues towards his salary were pending against
the informant. Owing to non-payment of the said dues, the
present false and malicious case has been instituted against the
petitioner. Nothing has been recovered from the conscious
possession of the petitioner. Charge sheet has already been
submitted in this case, whereafter, charge is also framed in this
case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge being
framed in this case, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
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of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nawada P.S. Case
No. 1086 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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