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Patna High Court

Satendra Nut @ Satendra NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Satendra Nut, sought bail in a case registered under Section 305(a) of the Bharatiya Nyaya Sanhita, 2023, alleging theft of jewellery and cash. The prosecution alleged that thieves broke into a room and stole valuables on 29 May 2025. The petitioner, in custody since 20 September 2025, claimed false implication, noting he was not named in the FIR and was only linked through a co‑accused’s confession, which the court found lacking evidentiary value, and that Section 103 of the BNSS had not been complied with. Despite the petitioner’s twelve prior criminal antecedents, the court considered the nature of the evidence and the length of custody and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties and several conditions, including appearance in court, non‑tampering with evidence, and not leaving the jurisdiction without permission.

Issues considered

  • Whether bail should be granted to the accused under Section 305(a) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of the case.
  • Whether the confession of a co‑accused, without the accused’s name in the FIR, constitutes sufficient ground to deny bail.
  • Whether the non‑application of Section 103 of the BNSS, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 305(a)
  • Section 103
  • Bharatiya Nyaya Sanhita
  • false implication
  • co‑accused confession
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11551 of 2026
                        Arising Out of PS. Case No.-167 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Satendra Nut @ Satendra Nat S/O Late Ramchandra Nut @ Pahlwan Nut R/O
                 Village- Olhanpur, P.S.- Marhawrah, District- Saran at Chapra.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Amnour P.S. Case No. 167 of 2025 instituted for the offence

                   under Section 305(a) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       Prosecution case, in short, is that on 29.05.2025 at

                   about 4:30 AM, the informant’s wife discovered an empty

                   jewellery box while going to the toilet. On enquiry, it was found

                   that unknown thieves had broken the almirah of the daughter-in-

                   law’s room and stolen gold and silver jewellery along with Rs. 3

                   lakh in cash.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 20.09.2025. Petitioner
Patna High Court CR. MISC. No.11551 of 2026(2) dt.19-02-2026
                                            2/3




          bears twelve (12) criminal antecedents, 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. Petitioner is not named in the FIR. Name of the petitioner

          has surfaced in this case on the basis of confessional statement

          of co-accused, namely, Shivnath Nut and the same has no

          evidentiary value in the eye of law. Nothing has been recovered

          from the conscious possession of the petitioner. There is no

          compliance of Section 103 of the BNSS, 2023.

                  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 manner of

          petitioner’s implication, this Court is inclined to grant bail to the

          petitioner.

                  8.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Fifteen Thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Amnour P.S. Case No. 167 of 2025, subject

          to the following conditions:
           Patna High Court CR. MISC. No.11551 of 2026(2) dt.19-02-2026
                                                       3/3




                                   (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)   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)
Raj Kishore/-

U      T


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