Shivam Kumar v. The State Of Bihar

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 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

Patna High Court CR. MISC. No.80603 of 2025(3) dt.11-02-2026 2/3 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

Patna High Court CR. MISC. No.80603 of 2025(3) dt.11-02-2026 3/3 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