Patna High Court
Govinda NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioners subject to a bond of Rs.10,000 each, two sureties, and conditions of personal appearance and familial surety.
Summary
Four young men from Musepur were arrested for allegedly stealing cattle and possessing a country‑made pistol, charges framed under Sections 303(2) and 62 of the B.N.S. and Sections 25(1‑B)A, 35 and 37 of the Arms Act. The prosecution alleged that a group of 8‑10 persons entered the informant’s khatal, took 4‑5 cattle and were later caught by the informant, with a pistol recovered from petitioner No.2. The petitioners contended that the pistol was planted, no cattle were found in their possession, and that their father had earlier reported the theft, asserting false implication. The State opposed bail, relying on the FIR allegations. The Court, after considering the facts, the pending charge‑sheet, the petitioners’ young age and lack of prior record, ordered bail on a bond of Rs.10,000 each with two sureties and specific conditions of appearance and familial surety.
Issues considered
- Whether bail should be granted to the accused persons charged under Sections 303(2) and 62 of the B.N.S. and Sections 25(1‑B)A, 35 and 37 of the Arms Act for alleged cattle theft and illegal possession of a firearm.
Legislation cited
Subjects
- bail
- cattle theft
- illegal possession of firearm
- Arms Act
- B.N.S.
- false implication
- young accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36040 of 2026
Arising Out of PS. Case No.-104 Year-2026 Thana- MANER District- Patna
======================================================
1. Govinda Nat son of Mogal Nat Resident of Village- Musepur P.S- Doriganj
District -Saran
2. Rohit Nat son of Rajesh Nat Resident of Village- Musepur P.S- Doriganj
District -Saran
3. Sonu Nat @ Sanu Nat Son of Nanhak Nat @ Byash Nat Resident of Village-
Musepur P.S- Doriganj District -Saran
4. Ajay Nat son of Ranjan Nat @ Rajan Nat Resident of Village- Musepur P.S-
Doriganj District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dineshwar Tiwary, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and learned
APP for the State through virtual mode.
2. The petitioners seek bail in a case registered for
the offence punishable under Sections 303(2) and 62 of the
B.N.S. and Section 25(1-B)A, 35 and 37 of the Arms Act.
3. As per the prosecution case, on 02.02.2026 at
about 01:00 a.m. in the night, 8-10 persons came at the khatal
of the informant and took 4-5 cattle. In the meantime, the
informant and others chased them and caught these petitioners.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.36040 of 2026(2) dt.08-06-2026
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the allegations relate to theft of cattle and the recovery of one
country made pistol has been shown from the possession of the
petitioner no.2, however, the said recovery has been made by
the informant and was handed over to the police. It is submitted
that the country made pistol has been planted to make the case
serious and as a matter of fact, Annexure-P/2 would disclose
that the father of petitioner no.2 has also given an information
before the police one day prior to the occurrence that his family
members had gone for the search of their cattle and they have
been falsely been implicated in the present case. Further, no
cattle was recovered from the possession of these petitioners
and all these petitioners are young boys, their age ranging
between 18 to 24 years. The petitioners, except petitioner no.1,
have no criminal antecedent and they are in custody since
02.02.2026 and the charge-sheet has also been submitted.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering that the matter has arisen out of
taking away of some cattle and the charge-sheet has already
been submitted, let the above named petitioners, be released on
Patna High Court CR. MISC. No.36040 of 2026(2) dt.08-06-2026
3/3
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to
the satisfaction of the learned J.M.F.C., Danapur/concerned
Court below in connection with Maner P.S. Case No. 104 of
2026 subject to condition that:-
(i) One of the bailors will be their own blood
relative, preferably, father, mother, brother, sister.
(ii) The petitioners shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons,
their bail bonds shall be liable to be cancelled by the learned
court concerned.
(Soni Shrivastava, J)
anand/-
U T
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