Patna High Court
Satayendra Nut @ Satendra NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary bond and compliance with specified conditions.
Summary
Satayendra Nut, the petitioner, was arrested in connection with a case involving theft of a country-made katta, live cartridges, and two stolen motorcycles, and is charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The petitioner contended that he was falsely implicated, not named in the FIR, and that his name arose only from the confessional statements of co‑accused, with no T.I.P. conducted to establish his involvement. The State opposed bail, citing the seriousness of the offences and the petitioner’s eleven prior criminal antecedents. The Court examined the lack of direct evidence against the petitioner, the procedural lapse under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, and the period of custody already endured. Concluding that the circumstances warranted relief, the Court granted bail subject to a cash bond and three conditions, directing the trial court to cancel bail if conditions are breached.
Issues considered
- Whether the petitioner is entitled to bail under the Bharatiya Nyaya Sanhita for the offences alleged.
- Whether the absence of a T.I.P. and the petitioner’s non‑inclusion in the FIR affect the bail decision.
- Whether the petitioner’s prior criminal antecedents and period of custody preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 310(4), 310(5), 310(6), 317(3), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- T.I.P.
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81001 of 2025
Arising Out of PS. Case No.-197 Year-2025 Thana- AMNAUR District- Saran
======================================================
Satayendra Nut @ Satendra Nat Son of Late Ramchandra Nat @ Pahalwan
Nat Resident of Village - Olhanpur, P.S.- Marhowrah, District - Saran,
Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari, Advocate
For the Opposite Party/s : Ms.Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Amnaur
P.S. Case No. 197 of 2025, instituted for the offences under
Sections 310(4), 310(5), 310(6), 111, 317(3), 338, 336(3) and
340(2) of the Bharatiya Nyaya Sanhita, 2023 and u/s 25(1-B)a,
26 and 35 of the Arms Act.
3. Prosecution case, in short, is that country made
katta along with live cartridges and two stolen motorcycles have
been recovered in this case.
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
transpired in this case on the basis of confessional statement of
Patna High Court CR. MISC. No.81001 of 2025(3) dt.20-02-2026
2/3
the co-accused Rakesh Nat and Shivnath Nat. No
incriminating/looted 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. Charge-sheet has been
submitted in this case. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 25.06.2025 and
has eleven criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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 Amnaur P.S. Case
No. 197 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.81001 of 2025(3) dt.20-02-2026
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(I) One of the bailors shall be the petitioner’s own or
close 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.
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)
manish/-
U T
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