Patna High Court

Dhandhan NatversusThe State of Bihar

Decided: 9 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Dhandhan Nat, was arrested in connection with a robbery (Section 395 IPC) where eight to ten persons allegedly looted Rs. 40,000 from a victim's residence. The petitioner claims innocence, arguing that the only incriminating evidence is the confessional statements of co‑accused Gorakh Nut and Firoj Nut, who named him, but no material was recovered from him and no Test Identification Parade was conducted. He points out that the co‑accused were previously granted bail in a similar case (Cr. Misc. No. 17162 of 2025) and that he has been in judicial custody since 8 January 2026. The State opposed bail, citing the petitioner's three prior criminal cases. After hearing both sides, the court found the lack of direct evidence and the precedent of bail for co‑accused sufficient to grant bail, ordering the petitioner to furnish a Rs. 10,000 bond with two sureties.

Issues considered

Whether bail should be granted to the accused in a robbery case under Section 395 IPC in view of confessional statements of co‑accused and absence of direct evidence.
Whether the petitioner's prior criminal antecedents preclude the grant of bail.

Legislation cited

Indian Penal Code — s. 395

Subjects

bail
robbery
Section 395 IPC
confessional statement
Test Identification Parade
surety
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19116 of 2026
                     Arising Out of PS. Case No.-235 Year-2024 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Dhandhan Nat Son of Raju Nat Resident of Mohalla- Badi Badalpura, P.S.-
                 Khagaul, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunil Kumar Pathak, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Parsa Bazar P.S. Case No. 235 of 2024 registered for the

                   offence punishable under Sections 395 of the Indian Penal

                   Code.

                                3. The case of the prosecution, in short, is that when

                   the informant was sleeping in her room, at that time, 8-10

                   persons entered in her room and on the gun point, they looted

                   Rs. 40,000/- from the Almirah and other valuables.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the FIR was lodged against unknown
Patna High Court CR. MISC. No.19116 of 2026(2) dt.09-04-2026
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          miscreants. During the course of the investigation, Gorakh Nut

          and Firoj Nut were apprehended and they have given their

          confessional statement in which they have named this petitioner.

          Save and accept the confessional statement of co-accused, there

          is nothing against the petitioner. He also submits that nothing

          incriminating has been recovered from his possession and no

          Test Identification Parade (TIP) has been conducted. He further

          submits that similarly situated co-accused persons, namely,

          Gorakh Nut and Firoj Nut have been granted bail by the learned

          coordinate bench of this court vide Cr. Misc. No. 17162 of

          2025. The case of this petitioner stands on similar footing.

          Moreover, the petitioner is languishing in judicial custody since

          08.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of three cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned
           Patna High Court CR. MISC. No.19116 of 2026(2) dt.09-04-2026
                                                       3/3




                     J.M.F.C., Patna in connection with Parsa Bazar P.S. Case No.

                     235 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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