Kamal Kishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51328 of 2026 Arising Out of PS. Case No.-310 Year-2026 Thana- GARDANIBAG District- Patna ====================================================== Kamal Kishor Sharma S/o Sri Sachchidanand Sharma R/o Village- Andhari, PS- Chauri, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Gardanibagh P.S. Case No. 310 of 2026 registered for the alleged offences under Sections 306, 317(2) of BNS.

03. As per prosecution case, the informant purchased two gold biscuits weighing 100 gms and put the same in his house temple which were subsequently stolen. The name of the petitioner transpired along with other co-accused persons for being involved in the theft.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.51328 of 2026(2) dt.29-07-2026 2/3 case. Nothing incriminating has been recovered from the person or possession of the petitioner. The recovery has been made from the house of sister of co-accused Amit Kumar. The coaccused named this petitioner for also being involved in the planning of theft. Learned counsel further submits that the petitioner is having clean antecedent. The petitioner is in custody since 11.04.2026 and charge sheet has been submitted.

05. Learned APP opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and also considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-13, Patna/concerned Court in connection with Gardanibagh P.S. Case No. 310 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

Patna High Court CR. MISC. No.51328 of 2026(2) dt.29-07-2026 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T