Patna High Court
Ashish Kumar @ AshishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner.
Summary
Ashish Kumar, an employee of Baba Glass shop, faced arrest in a theft case (P.S. Case No. 518 of 2025) for allegedly stealing a tap worth Rs. 20,000. He claimed innocence, alleging that he was falsely implicated because he demanded four months' unpaid salary. The petitioner applied for bail, arguing that the charges were baseless. The court examined the application and, noting the lack of substantive evidence and the petitioner's claim of false implication, allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 in the pending theft case.
- Whether the allegation of false implication due to a salary dispute justifies the grant of bail.
Legislation cited
- Bihar Negotiable Sale Act, 2023 — s. 482
- Criminal Procedure Code — s. 438
Subjects
- bail
- theft
- false implication
- salary dispute
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37792 of 2026
Arising Out of PS. Case No.-518 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Ashish Kumar @ Ashish S/o Raj Kumar R/o Mohalla - Ramjee Chak, Digha,
P.S. - Digha, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Pirbahore P.S. Case No. 518 of 2025 registered
for the offence under Sections 303(2), 62 of the BNS, 2023.
3. As per the prosecution case, the petitioner is an
employee of the Baba Glass shop and he is alleged to have
committed theft of some tap worth Rs. 20,000/-.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case because he has demanded his due
salary of four months.
5. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.37792 of 2026(2) dt.16-06-2026
2/2
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court
below in connection with Pirbahore P.S. Case No. 518 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.