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Patna High Court

Sheo Nath Nut @ Shivnath NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to the conditions laid down under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Sheo Nath Nut, was arrested in connection with a theft case (Amnour P.S. Case No. 181 of 2025) alleged under Section 305(a) of the B.N.S., 2023. The prosecution alleged that gold, silver ornaments and cash were stolen from the informant's house and nearby residences, and the petitioner’s name surfaced based on a confessional statement in a related case. The petitioner’s counsel argued that he is innocent, there is no material evidence against him, no incriminating items were recovered, and he has been in custody since 24-07-2025. The State opposed the bail. Considering the lack of direct evidence, the petitioner’s custody period, and the chargesheet submission, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other stipulations.

Issues considered

  • Whether bail should be granted to the accused under Section 305(a) of the B.N.S. in the absence of direct incriminating evidence
  • Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable to the bail order

Legislation cited

Subjects

  • bail
  • theft
  • Section 305(a)
  • Section 480(3)
  • criminal procedure
  • Bihar
  • confessional statement
  • chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25767 of 2026
                        Arising Out of PS. Case No.-181 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Sheo Nath Nut @ Shivnath Nat Son of Bhukhal Nut, R/o Village- Dhrampur
                 Jofar P.S.- Amnour District- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

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

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Amnour P.S. Case No. 181 of 2025, dated

                   16.06.2025, registered for the offence punishable under Section

                   305(a) of the B.N.S., 2023.

                                   3. As per the prosecution case, a theft was

                   committed in the dwelling house of the informant in midnight

                   and the thieves decamped with a number of gold and silver

                   ornaments and cash of Rs. 42,000/-. Further theft was

                   committed in the neighbourhood of the informant and thieves

                   took away cash and ornaments from their house as well. The

                   name of the petitioner transpired in this case during

                   investigation for being involved in the commission of theft.
Patna High Court CR. MISC. No.25767 of 2026(2) dt.17-04-2026
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                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case. The name of the petitioner

          sprung up in this case on the basis of his confessional statement

          in Amnour P.S. Case No. 197 of 2025 and except this

          confessional statement, there is no material on record to show

          the involvement of the petitioner in the theft. Nothing

          incriminating has been recovered from the conscious possession

          of the petitioner. Learned counsel next submits that petitioner is

          having antecedent of six cases and chargesheet has been

          submitted. Learned counsel lastly submits that petitioner is in

          custody since 24.07.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery has been shown from this petitioner and

          also considering his period of custody and submission of

          chargesheet, the petitioner, above-named, is directed to be

          released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate 1 st
          Patna High Court CR. MISC. No.25767 of 2026(2) dt.17-04-2026
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                    Class, Saran at Chapra / concerned Court, in connection with

                    Amnour P.S. Case No. 181 of 2025, subject to the condition

                    laid down under Section 480(3) of the B.N.S.S. and other

                    following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                 (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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