Patna High Court
Govinda Nutt @ Govinda NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Govinda Nutt, sought anticipatory bail after learning that he might be arrested in a case under Sections 317(5) read with 3(5) of the Bharatiya Nyaya Sanhita concerning stolen articles recovered from a co‑accused’s house. The prosecution’s case relied on the confessional statements of other apprehended miscreants who named the petitioner, while the petitioner asserted his innocence, clean antecedent and alleged that he was implicated due to village politics and rivalry. The State opposed the bail application. The court, after considering the nature of the accusation, the petitioner’s clean record and the surrounding circumstances, granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioner be released on bail on furnishing the bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 317(5), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- Section 317
- Section 3
- Section 482
- clean antecedent
- political rivalry
- theft
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82761 of 2025
Arising Out of PS. Case No.-194 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Govinda Nutt @ Govinda Nat S/O Shankar Nut @ Shankar Nat R/O Village-
Pipra, P.S- Baikunthpur, Distt.- Gopalganj, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Adv.
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the State
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 317(5) read with Section
3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant got
information regarding some stolen articles, during patrolling,
when they reached at the spot, four miscreants were
apprehended and mobile phones, SIM Cards, Power bank and
other machines were recovered.
Patna High Court CR. MISC. No.82761 of 2025(2) dt.05-01-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged.
The name of the petitioner has transpired in the confessional
statement of the apprehended co-accused persons, who were
allegedly caught by the police from the house of the co-accused
Ravi Kumar, who was allegedly distributing stolen articles
among them in this house from where lots of mobile phones
power bank, battery, CCTV camera, mobile chargers, data
cables, ear phones and vacuum Separator machines have been
recovered. Petitioner has got no concern with these persons and
due to group rivalry and village politics, he has been named in
this case. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned J.M.-1st Class,
Gopalganj in connection with Baikunthpur P. S. Case No.194 of
Patna High Court CR. MISC. No.82761 of 2025(2) dt.05-01-2026
3/3
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The application stands allowed.
(Prabhat Kumar Singh, J)
shivam/-
U T
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