Patna High Court
Sheo Nath Nut @ Shivnath 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 and procedural conditions.
Summary
The petitioner, Sheo Nath Nut, was arrested in connection with a case involving alleged possession of country‑made katta, live cartridges, and stolen motorcycles, and charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The petitioner claimed false implication, stating that no incriminating articles were found in his possession except one live cartridge, and argued that a TIP had not been conducted and Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was not complied with. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s six prior criminal antecedents. The Court considered the facts, the period of custody, and the lack of direct evidence against the petitioner, and decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties and compliance with conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences charged under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the absence of a TIP and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars the grant of bail
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
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
- TIP
- Section 103
- serious offences
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81684 of 2025
Arising Out of PS. Case No.-197 Year-2025 Thana- AMNAUR District- Saran
======================================================
Sheo Nath Nut @ Shivnath Nat Son of Bhukhal nut Resident of Village -
Dharmpur Jafar, Police Station - Amnour 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.Abhay Kumar Roy, 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. Perused the case diary.
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. No
incriminating/looted article has been recovered from the
conscious possession of the petitioner. She further submitted
Patna High Court CR. MISC. No.81684 of 2025(3) dt.20-02-2026
2/3
that the petitioner has been apprehended with one live cartridge.
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 six 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:
(I) One of the bailors shall be the petitioner’s own or
Patna High Court CR. MISC. No.81684 of 2025(3) dt.20-02-2026
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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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