Patna High Court
Rakesh Nut @ Rakesh NattversusThe state of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with stipulated conditions.
Summary
Rakesh Nut was arrested on 20 September 2025 in connection with a case registered under Section 305(A) of the Bihar Narcotic Substances Act, 2023. The petitioner contended that he was not named in the FIR and his name was derived solely from the confessional statements of co‑accused, with no testimony of the informant (TIP) presented by the prosecution. The prosecution opposed bail, noting that the petitioner has fifteen other pending cases, though he is already on bail in thirteen of them. The court observed that the lack of direct inclusion in the FIR and the absence of a TIP warranted bail, subject to strict conditions including cooperation with the trial and verification of criminal antecedents. Accordingly, the High Court ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties, imposing conditions for cancellation if he absents himself or tampers with evidence.
Issues considered
- Whether bail should be granted to the petitioner who is not named in the FIR and whose implication is based solely on co‑accused confessional statements.
- Whether the absence of a testimony of the informant (TIP) by the prosecution justifies bail.
- Whether the petitioner’s pending criminal cases affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 305(A)
Subjects
- bail
- false implication
- confessional statement
- testimony of informant
- Section 305(A)
- criminal antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24256 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- AMNAUR District- Saran
======================================================
Rakesh Nut @ Rakesh Natt S/O Late Ramchandra Nut Resident of village -
Olhanpur, Police Station - Marhowha,District- 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 RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Ms. Mili Kumari, learned counsel for the
petitioner and Mrs. Sangeeta Sharma, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
20.09.2025, in connection with Amnour P.S. Case No. 167 of
2025, F.I.R. dated 01.06.2025 registered for the offences
punishable under Sections 305(A) of the B.N.S., 2023.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. She further submits that the petitioner is not named
in the F.I.R. and the name of the petitioner has been transpired on
the basis of confessional statement of co-accused person namely
Shivnath Nat and till date no TIP was conducted by the
Patna High Court CR. MISC. No.24256 of 2026(2) dt.15-04-2026
2/3
prosecution. She further submits that co-accused person namely
Satendra Nat has been granted bail by a Coordinate Bench of this
Court vide order dated 19.02.2026 passed in Cr. Misc. No. 11551
of 2026. He further submits that the police after investigation
submitted chargesheet against the petitioner and the petitioner is in
custody since 20.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries fifteen more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that out of fifteen cases, the petitioner is on bail in
thirteen cases and rest two cases are pending for consideration
before the competent court of law.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R and the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused person and till date no TIP
was conducted by the prosecution, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate First Class, Saran,
Chapra in connection with Amnour P.S. Case No. 167 of 2025,
subject to the following conditions :-
Patna High Court CR. MISC. No.24256 of 2026(2) dt.15-04-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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