Patna High Court
Umesh NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S., 2023.
Summary
The petitioner, Umesh Nut, was implicated in a FIR dated 14-07-2024 for alleged assault under Sections 310(2) and 311 of the B.N.S., based primarily on the confessional statement of a co‑accused. He contended that he was not named in the FIR and that the allegations were fabricated, seeking bail. The prosecution opposed bail, highlighting three prior criminal antecedents of the petitioner. The Court examined the material, noting the lack of direct evidence linking the petitioner to the offence and the statutory provisions governing bail. Accordingly, the Court granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., 2023, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite alleged involvement in offences under Sections 310(2) and 311 of the B.N.S.
- Whether the petitioner’s prior criminal antecedents justify denial of bail
- Whether the reliance on a co‑accused’s confessional statement suffices to sustain the charge against the petitioner
Legislation cited
- B.N.S. — s. 310(2), 311, 482(2)
- Code of Criminal Procedure — s. 438
Subjects
- bail
- criminal antecedent
- false FIR
- assault
- Section 438 CrPC
- Section 482 B.N.S.
- co‑accused confession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89167 of 2025
Arising Out of PS. Case No.-313 Year-2024 Thana- BYPASS District- Patna
======================================================
Umesh Nut Son of Biren Nut Resident of Village- Jagjivannagar, P.S.-
Sachiwalaiy, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Binay Kumar Singh, learned counsel for
the petitioner and Mr. Kalyan Shankar, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bypass P.S. Case No. 313 of 2024, F.I.R. dated
14.07.2024 for the offences punishable under Sections 310(2) /
311 of the B.N.S.
3. According to prosecution case, the petitioner and
other accused persons are alleged to have entered into the house
of the informant and assaulted the informant’s father and also
assaulted the informant with bricks on his head.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
Patna High Court CR. MISC. No.89167 of 2025(2) dt.12-01-2026
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the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. Petitioner is not
named in the F.I.R. The name of the petitioner transpires on the
basis of confessional statement of co-accused Firoj Nut. Except
disclosure, there is nothing on record to connect the petitioner
with the alleged occurrence.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries three criminal antecedents
other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M., VI, Patna City, in connection with Bypass P.S. Case
No. 313 of 2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure/Section
482(2) of BNSS, 2023 and with other following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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