Patna High Court
Rakesh NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Rakesh Nut, was arrested in connection with a theft case (Amnaur P.S. Case No. 181 of 2025) alleged under Section 305(a) of the BNS, where unknown persons allegedly stole gold, silver ornaments and cash from three houses. The petitioner claims innocence, asserting that his confessional statement was obtained in a different case and that no stolen items were recovered from his possession; the only recovered mangalsutra was found at a co‑accused’s house and was not placed on the trail of information. He has been in custody since 27 July 2025, exceeding six months, and seeks regular bail. The State opposed the bail, but the court noted the lack of incriminating material against the petitioner apart from his criminal antecedents. Considering the circumstances, the court directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation with the trial. The order directs the lower court to release the petitioner on bail upon compliance with the bond conditions.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 305(a) of the BNS given the facts and length of custody.
Legislation cited
- BNS — s. 305(a)
Subjects
- bail
- regular bail
- theft
- confessional statement
- custody
- Section 305(a)
- BNS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6055 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- AMNAUR District- Saran
======================================================
Rakesh Nut Son of Late Ram Chandra Nut Resident of Village - Olhanpur,
P.S. - Marhowrah, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mili Kumari
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Amnaur P.S. Case No. 181 of 2025, registered for the
offences punishable under Sections 305(a) of the BNS.
3. As per allegation, in the night of the incident,
unknown persons allegedly committed theft in three houses,
including the house of the informant, by breaking open the
houses and boxes and allegedly stole gold and silver ornaments
along with cash.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the petitioner’s
confessional statement was elicited in another case, and thereafter
he was remanded in eight cases, including the present one.
Patna High Court CR. MISC. No.6055 of 2026(2) dt.04-02-2026
2/2
Nothing was recovered from his possession. The stolen
mangalsutra was recovered from the house of the co-accused,
which is alleged to have been recovered on the basis of the
petitioner’s confessional statement, but the mangalsutra was not
put on TIP. The petitioner has been in custody since 27.07.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. It appears that, except for criminal antecedents, there
is nothing in the present case implicating the petitioner. He has
remained in custody for more than six months.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned J.M.-Ist Class, Saran Chapra/concerned court in
connection with Amnaur P.S. Case No. 181 of 2025, subject to
the following conditions that the petitioner shall cooperate in
the disposal of trial and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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