Patna High Court
Bali NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the bail application, directing release on bail with bond and sureties, subject to cancellation if the petitioner delays the trial.
Summary
The petitioner, Bali Nut, was taken into custody after his anticipatory bail was cancelled when a criminal antecedent of more than two cases was discovered. He subsequently filed a regular bail application (Cr. Misc. No.88817 of 2025) which was initially rejected, with the court directing him to renew the prayer after charge framing. The petitioner argued that he would not abscond and would cooperate with the trial, seeking bail under Section 30(a) of the Indian Penal Code. The State opposed the bail, citing the prior cancellation of anticipatory bail. The High Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.25,000 and two sureties of equal amount, subject to cancellation if he delays the trial. The application was therefore allowed with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite the cancellation of his anticipatory bail due to prior criminal antecedent
- Whether bail can be granted pending framing of charge under Section 30(a) IPC
- What conditions may be imposed on bail and the power of the trial court to cancel it
Legislation cited
- Indian Penal Code — s. 30(a)
Subjects
- bail
- anticipatory bail
- regular bail
- criminal antecedent
- Section 30(a) IPC
- Patna High Court
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7840 of 2026
Arising Out of PS. Case No.-331 Year-2024 Thana- MADHAURAH District- Saran
======================================================
Bali Nut, S/o Daharu Nut @ Dinesh Nut R/o Village - BajitBhoraha, P.S -
Marhowrah, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) of the Indian Penal
Code.
3. The learned counsel for the petitioner submits that
the petitioner has earlier moved before this Court seeking
anticipatory bail by filing Cr. Misc. No.76020 of 2024. It is
further submitted that Cr. Misc. No.76020 of 2024 came to be
allowed by an order dated 06.12.2024 with a condition that the
learned trial Court after accepting the provisional bail bonds of
the petitioner shall verify the criminal antecedent. It is next
submitted that when criminal antecedent of the petitioner was
verified, it was found that he had antecedent of more than two
Patna High Court CR. MISC. No.7840 of 2026(2) dt.10-02-2026
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cases, as such, his provisional anticipatory bail bonds was
cancelled and the petitioner was taken in custody on 19.11.2025.
It is next submitted that thereafter petitioner moved before this
Court seeking regular bail by filing Cr. Misc. No.88817 of 2025
and the same came to be rejected by an order dated 16.01.2026
with liberty to the petitioner to renew his prayer for bail after
framing of charge. It is next submitted that charges against the
petitioner stands framed by an order dated 16.01.2026 as would
manifest from Annexure-P/3. It is also submitted that petitioner
will not abscond rather will cooperate in the trial to prove his
innocence.
4. Learned A.P.P. opposes the bail application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on bail on his furnishing bail-bonds in
the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with
two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection
with Marhowrah P. S. Case No. 331 of 2024.
6. The application stands allowed.
7. However, it is made clear that if the learned trial
court comes to a conclusion that petitioner after his release is
Patna High Court CR. MISC. No.7840 of 2026(2) dt.10-02-2026
3/3
trying the delay the trial in any manner, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
vikash/-
U T
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