Patna High Court
Rakesh Nut @ Pahalwan NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Rakesh Nut, sought bail in a case involving serious offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, alleging that country‑made katta, live cartridges and stolen motorcycles were recovered. The prosecution contended that the petitioner was apprehended with a loaded katta, while the defence argued that no incriminating articles were found in his possession, the TIP had not been conducted, and the petitioner was falsely implicated. The court noted the petitioner had been in custody since 25‑06‑2025 and had five prior criminal antecedents, but also observed non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. Balancing the seriousness of the charges against the lack of direct evidence and procedural lapses, the court decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, a close family member as one bailor, regular appearance in court, and prohibition on tampering with evidence or influencing witnesses.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 310, 111, 317, 338, 336, and 340 of 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 affect the bail decision.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1)-Ba, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 310(4), 310(5), 310(6), 317(3), 317(4), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- serious offences
- Arms Act
- Bharatiya Nyaya Sanhita
- TIP
- Section 103
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91351 of 2025
Arising Out of PS. Case No.-197 Year-2025 Thana- AMNAUR District- Saran
======================================================
Rakesh Nut @ Pahalwan Nut Son of Late Ramchandra Nut Resident Of
Village- Olhanpur Police Station- Marhowrah 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.Ram Anurag Singh, 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), 317(4) 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.91351 of 2025(3) dt.20-02-2026
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that as per F.I.R. the petitioner has been apprehended along with
one loaded katta. 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 five 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.91351 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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