Patna High Court
Ashish Kumar @ AshishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to bail, subject to a bond and sureties, as the allegations do not warrant denial of bail.
Summary
Ashish Kumar, a scrap dealer, was apprehensive of arrest in a case registered under Sections 303(2), 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 for alleged theft of iron plates from an informant's plant. The FIR alleged that the stolen plates were recovered from a tractor, but the petitioner claimed he neither owned nor drove the tractor and that no stolen material was found in his scrap shop. The State opposed his bail application. The court examined whether the allegations warranted denial of bail and considered the applicability of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. Finding insufficient grounds to refuse bail, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the conditions of Section 482. The order was made effective if the petitioner surrenders within eight weeks.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Sections 303(2), 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the facts disclosed justify denial of bail under the provisions of the Bhartiya Nagrik Suraksha Sanhita, 2023.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 can be invoked to impose conditions on bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 3(5)
Subjects
- bail
- theft
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
- scrap business
- arrest apprehension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3265 of 2026
Arising Out of PS. Case No.-321 Year-2025 Thana- SINGHESHWAR District- Madhepura
======================================================
Ashish Kumar @ Ashish Son of Pawan Bhagat Resident of Village- Nayatola
Rampatti, P.S.- Singheshwar, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad & Ms. Pooja Prasad
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections303(2), 317(2) & 3(5)
of the Bhartiya Nyaya Sanhita, 2023.
3. As per F.I.R., this petitioner along with other co-
accused are alleged to have committed theft of iron plates from
the plant of informant.
4. Learned counsel for the petitioner submits that
petitioner is neither owner nor driver of the alleged tractor, from
which, stolen iron plates were recovered. Petitioner is running a
scrap shop and used to purchase & sell scraps, iron material. No
stolen iron plate has been recovered from the scrap shop of
petitioner.
Patna High Court CR. MISC. No.3265 of 2026(2) dt.02-02-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Madhepura, in connection with Singheshwar P.S. Case
No. 321 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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