Patna High Court
Rakesh Nut @ Rakesh NattversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Rakesh Nut, was charged under Section 305(A) of the Bihar Negotiable Instruments Act for alleged theft of jewellery worth Rs.7,75,000. He sought regular bail, claiming innocence and arguing that the seized items were ordinary household articles and that no trace of the stolen items was established, aside from a confessional statement obtained by police. The State opposed bail, highlighting the petitioner's fifteen prior criminal cases. After hearing both sides, the High Court considered the lack of substantive evidence and the petitioner's prolonged custody since 18‑10‑2025. The Court granted regular bail on a bond of Rs.10,000 with two sureties, imposing conditions of trial cooperation, presence at each hearing, weekly police station attendance, and a relative as one bailor.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 305(A) of the Bihar Negotiable Instruments Act despite his extensive criminal antecedents and the nature of the evidence.
Legislation cited
- Bihar Negotiable Instruments Act — s. 305(A)
Subjects
- regular bail
- Section 305(A)
- Bihar Negotiable Instruments Act
- theft
- criminal antecedents
- confessional statement
- High Court of Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23048 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- AMNAUR District- Saran
======================================================
Rakesh Nut @ Rakesh Natt S/o- Late Ramchandra Nut R/v- Olhanpur Ps-
Marhowrah Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 305(A) of
BNS.
3. The case of the prosecution is that unknown
miscreants have entered the house of the informant and have
stolen jewellery and other articles worth of Rs. 7,75,000/-.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that as the petitioner is
having criminal antecedents of fifteen cases, he was named by
spy. Thereafter, police has extracted his confessional statement.
It has further been submitted that from perusal of the seizure
Patna High Court CR. MISC. No.23048 of 2026(2) dt.08-04-2026
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list, it will transpire that certain articles were recovered from the
house of the petitioner which are alleged to be stolen but no TIP
of the articles was conducted and the articles which are said to
be recovered from the house of the petitioner are the articles
which are generally found in the houses. Save and except
confessional statement, there is nothing against this petitioner.
Moreover, he is languishing in judicial custody since
18.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having fifteen criminal antecedents.
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 released on bail in connection with
Amnour P.S. Case No. 151 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, First
Class, Saran, Chapra with following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every fixed
date.
(ii) One of the bailors should be close relative of the
Patna High Court CR. MISC. No.23048 of 2026(2) dt.08-04-2026
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petitioner.
(iii) Petitioner is also directed to mark his weekly
attendance at Amnour P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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