Patna High Court
Sunil Nat @ Sunil Nut @ Tamanna Nat @ Tamanna NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to prescribed conditions.
Summary
The petitioner was arrested in connection with a theft case (Bheldi PS Case No. 335 of 2024) alleged to have occurred when a victim was robbed of jewelry and a mobile phone. The prosecution’s case relied on a confessional statement of a co‑accused, with the petitioner’s name absent from the FIR and no stolen articles recovered from his possession. The petitioner’s counsel argued false implication, lack of a T.I.P., and highlighted the petitioner’s fourteen prior criminal antecedents and custody since 26‑04‑2025. The State opposed bail. Considering the lack of direct evidence, the absence of a T.I.P., and the period of custody, the court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and specific conditions. The bail was ordered subject to compliance with these conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the evidentiary circumstances.
- Whether the petitioner’s alleged involvement based solely on a co‑accused’s confession warrants continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- theft
- confessional statement
- Section 309(4)
- Bharatiya Nyaya Sanhita
- criminal procedure
- surety
- trial conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61748 of 2025
Arising Out of PS. Case No.-335 Year-2024 Thana- BHELDI District- Saran
======================================================
Sunil Nat @ Sunil Nut @ Tamanna Nat @ Tamanna Nat Son of Basant Nut
Resident of Village - Tulsi Nagar, P.S.- Kotwali, District - Gajipur (U.P.), At
present Village - Bangra, P.S.- Daudpur, 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. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Bheldi
P.S. Case No. 335 of 2024 instituted for the offences under
Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that when the
informant was on his way to home, he was intercepted by four
miscreants who snatched away his gold chain, lockets and other
ornaments along with mobile phone and key of the scooty with
which he was travelling on.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.61748 of 2025(4) dt.20-02-2026
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transpired in this case on the basis of confessional statement of
the co-accused Arun Nut. No incriminating article has been
recovered from the conscious possession of the petitioner.
Learned counsel further submitted that petitioner has got no
concern with the stolen articles. 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. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 26.04.2025 and has fourteen 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 Bheldi P.S. Case No.
335 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
Patna High Court CR. MISC. No.61748 of 2025(4) dt.20-02-2026
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close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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