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Patna High Court

Rakesh Nut @ Rakesh NattversusThe state of bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                                      (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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