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Patna High Court

Pawan NatversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted because the petitioner was not named in the FIR, no material evidence was recovered from him, and the prosecution’s case relied solely on a confessional statement of another accused.

Summary

The petitioner, Pawan Nat, applied for bail in a case registered under Section 310(2) of the B.N.S., 2023, alleging he was falsely implicated in a robbery where the informant’s gold items were seized at gunpoint. The prosecution alleged that seven persons on three motorcycles, including the petitioner, committed the offence, relying on a confessional statement of another accused, Hridya Nut, rather than any direct evidence against the petitioner. The petitioner argued that his name does not appear in the FIR, no material was recovered from him, no T.I.P. was conducted, and a co‑accused had previously been granted bail in a similar case. The State opposed bail, citing six prior criminal cases against the petitioner. After considering the lack of direct evidence, the petitioner’s prolonged custody since July 2025, and the precedent of bail to a co‑accused, the court ordered that bail be granted on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offence under Section 310(2) of the B.N.S., 2023.
  • Whether the petitioner’s alleged involvement, based solely on a confessional statement of another accused, warrants continued judicial custody.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Section 310(2)
  • criminal antecedent
  • confessional statement
  • judicial custody
  • precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23256 of 2026
                  Arising Out of PS. Case No.-689 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Pawan Nat S/o Panda Nat R/o Village - Ghoghwalia, P.S - Kopa, District -
                 Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   S.T. No. 1156 of 2025 arising out of Muffasil P.S. Case No. 689 of

                   2024 registered for the offence punishable under Section 310(2) of

                   the B.N.S., 2023.

                                3. The case of the prosecution in short is that while the

                   informant was returning on his motorcycle with his associate

                   Suraj Kumar, seven persons on three motorcycles surrounded him

                   and on gun point, snatched his bracelet and chain of gold.

                                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 petitioner is not named in the FIR. The name of
          Patna High Court CR. MISC. No.23256 of 2026(2) dt.17-04-2026
                                                      2/2




                    this petitioner has surfaced on the basis of confessional statement

                    of Hridya Nut given in Garkha P.S. Case No. 680 of 2024. Nothing

                    has been recovered from the possession of the petitioner. No. T.I.P.

                    has been conducted. He further submits that similarly situated

                    other co-accused namely, Hridya Nut has been granted bail by this

                    court vide Cr. Misc. No. 30602 of 2025. Moreover, the petitioner

                    is languishing in judicial custody since 29.07.2025.

                                 5. The application for bail is opposed by learned APP

                    for the State and submits that the petitioner has criminal

                    antecedent of six 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 4 th Additional

                    Sessions Judge, Saran at Chapra in connection with S.T. No. 1156

                    of 2025 arising out of Muffasil P.S. Case No. 689 of 2024.


                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T


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