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Patna High Court

Ashish Kumar @ AshishversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

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