Patna High Court
Sonu Nut @ Sonu NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
The petitioner, Sonu Nut, was arrested in connection with a robbery and assault case (Bheldi PS Case No. 356 of 2024) alleged under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that six unknown persons, armed with guns, intercepted and looted an informant, while the petitioner’s name appeared only through a confessional statement of a co‑accused, Hirdya Nut, which the petitioner’s counsel argued lacked evidentiary value. The petitioner, who has been in custody since 30‑10‑2025 and has eleven prior criminal antecedents, sought bail, contending innocence and noting that another co‑accused had already been granted regular bail. The State opposed the bail application. Considering the lack of direct incriminating material, the duration of custody, and the circumstances of the case, the Court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and several conditions, including appearance at trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the offence and the evidence.
- Whether the confessional statement of a co‑accused provides sufficient basis to detain the petitioner.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
Subjects
- bail
- criminal procedure
- Section 310
- attempt to murder
- confessional statement
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15403 of 2026
Arising Out of PS. Case No.-356 Year-2024 Thana- BHELDI District- Saran
======================================================
Sonu Nut @ Sonu Nat S/O Sunil Nut @ Sunil Nat R/O Village
-Ghoghwaliya,P.S- Kopa, Dist- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Bheldi
P.S. Case No. 356 of 2024, instituted for the offences punishable
under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that while the
informant was going to Chapra, six unknown persons on three
motorcycles intercepted him near Raje Chowk, assaulted him at
gunpoint and looted his valuables including gold ornaments,
mobile phones, cash and documents before fleeing from the
spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.15403 of 2026(2) dt.11-03-2026
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the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner is not named in
the FIR. Name of the petitioner has transpired in this case on the
basis of confessional statement made by co-accused, namely,
Hirdya Nut and the same has got no evidentiary value. The
petitioner is in custody since 30.10.2025 and has got eleven
criminal antecedents. Learned counsel for the petitioner further
submits that other co-accused has been granted regular bail by
this Court vide order dated 09.10.2025 passed in Cr. Misc. No.
71136 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Bheldi P.S. Case No. 356 of 2024,
subject to the following conditions:
Patna High Court CR. MISC. No.15403 of 2026(2) dt.11-03-2026
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(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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) The petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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