Patna High Court
Sheo Nath Nut @ Shivnath NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
3/3
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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