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Patna High Court

Sanjeet NutversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court enlarges the petitioner on bail.

Summary

The petitioner, Sanjeet Nut, was arrested in connection with a robbery and dacoity case (Section 394 IPC) and an illegal arms possession case (Section 27 Arms Act) after a break‑in at an informant’s house. The prosecution’s case rests on the testimony of a co‑accused, Akela Nut, whose confessional statement mentions the petitioner, although no incriminating material was recovered from the petitioner. The petitioner claims innocence, arguing he was falsely implicated and has been in judicial custody since 15‑04‑2025. The State opposed bail, citing five prior criminal cases against the petitioner. The Court, after weighing the lack of direct evidence and the petitioner’s prolonged custody, ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under Section 394 IPC and Section 27 Arms Act.
  • Whether the confessional statement of a co‑accused is sufficient to justify denial of bail.
  • Whether the petitioner’s prior criminal antecedents warrant refusal of bail.

Legislation cited

Subjects

  • bail
  • Section 394 IPC
  • Section 27 Arms Act
  • confessional statement
  • criminal antecedent
  • robbery
  • dacoity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8713 of 2026
                     Arising Out of PS. Case No.-675 Year-2022 Thana- MADHAURAH District- Saran
                 ======================================================
                 Sanjeet Nut, Son of Late Bachcha Nat, Resident of Village- Patedha, P.S.-
                 Khaira, 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. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Marhowrah P.S. Case No. 675 of 2022 registered for the

                   offence punishable under Section 394 of the Indian Penal Code

                   and Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that four

                   unknown miscreants entered in the house of the informant after

                   breaking his door and on the point of pistol looted away Rs.

                   80,000/-, gold and silver ornaments, mobile and other articles.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The F.I.R. was lodged against unknown miscreants.
             Patna High Court CR. MISC. No.8713 of 2026(2) dt.17-02-2026
                                                         2/2




                       During course of investigation, one Akela Nut has given his

                       confessional statement and name of this petitioner has surfaced

                       in the confessional statement of Akela Nut. Nothing has been

                       recovered from his possession. He was never put on T.I.P. Co-

                       accused Akela Nut has been granted bail by learned Co-ordinate

                       Bench vide Cr. Misc. No. 49597 of 2023. The case of this

                       petitioner stands on similar footing. Moreover, petitioner is

                       languishing in judicial custody since 15.04.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of five cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       A.C.J.M.-7, Saran, Chapra in connection with Marhowrah P.S.

                       Case No. 675 of 2022.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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