Patna High Court
Sonu NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Sonu Nut, was arrested in connection with a robbery case (PS Case No. 349 of 2025) alleged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that four persons on a motorcycle snatched mobile phones and a gold chain from an informant and his companion. The petitioner contended that he was falsely implicated, not named in the FIR, and that his self‑confessional statement has no evidentiary value; no incriminating article was recovered from him and no T.I.P. had been conducted. The State opposed bail, citing the petitioner’s nine prior criminal antecedents and the seriousness of the offence. The Court, after considering the lack of direct evidence and the period of custody, granted bail subject to a cash bond of Rs. 15,000 with two sureties and conditions regarding appearance, family surety, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the alleged offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s alleged false implication, lack of incriminating material in his possession, and absence of a T.I.P. justify bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- false implication
- Section 309(4)
- Bharatiya Nyaya Sanhita
- criminal antecedents
- evidence
- T.I.P.
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4326 of 2026
Arising Out of PS. Case No.-349 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Sonu Nut Son of Sunil Nat Resident of Village- Ghoghwaliya, P.S.- Kopa,
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 : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhagwan Bazar P.S. Case No. 349 of 2025 instituted for the
offences under Section 309(4) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that, on the alleged
date and time of occurrence, four persons boarded on a
motorcycle intercepted the informant and his companion and
snatched their mobile phones, gold chain on the point of pistol
and fled away.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.4326 of 2026(2) dt.02-02-2026
2/3
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of his self-confessional
statement which has no evidentiary value in the eye of law. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that T.I.P. has not been conducted till date to ascertain the
involvement of the petitioner in the alleged offence. Learned
counsel further submitted that petitioner has got no concern with
the looted articles. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 23.09.2025 and
has nine criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhagwan Bazar P.S.
Case No. 349 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.4326 of 2026(2) dt.02-02-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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